S.K. SUBRAMANIAM AND ORS. Vs. CHINNAKANNU

JUDGEMENT

(1.) THE appellants in C.M.A. No. 208 of 2012 are the petitioners in C.R.P (PD) No. 100 of 2012 and they are defendants 1, 3, 4 and 5 in O.S. No. 6 of 2003 on the file of the learned District Munsif cum Judicial Magistrate, Perundurai. The respondent in the C.M.A and C.R.P. is one and the same person who is the sole plaintiff in O.S. No. 6 of 2003. O.S. No. 6 of 2003 was filed by the plaintiff for partition and for separate allotment of half share in the suit property to the plaintiff. The trial Court decreed the suit as prayed for by decree and judgment dated 26.10.2007. The suit was filed originally against Mr. S.K. Subramaniam (the first defendant), Mr. S.K. Ramachandran (the second defendant) and Ms. Sagunthala (the third defendant). Pending the suit, Mr. S.K. Ramachandran (the second defendant) died and therefore the defendants 4 and 5 were added as his Legal Representatives.

(2.) THE appellants herein, aggrieved over the decree and judgment, filed an appeal in A.S. No. 4 of 2009 before the learned Subordinate Judge, Perundurai. During the pendency of the appeal, the plaintiff filed I.A. No. 252 of 2011 to receive documents as additional evidence and the defendants filed I.A. No. 309 of 2011 to receive documents as additional evidence.

(3.) CHALLENGING the said remand order, the appellants are before this Court with the appeal in C.M.A. No. 208 of 2012. After the above remand order was made, the plaintiff filed I.A. No. 855 of 2011 before the Trial Court to amend the suit. The trial Court allowed the same by a decreetal order dated 21.10.2011. Challenging the same, the appellants/defendants have filed the revision in C.R.P. No. 100 of 2012. Both the matters were ordered to be listed before me by the Hon'ble the Chief Justice and accordingly they are listed before me for disposal.