E. MALATHI Vs. GANDHIMATHIAMMAL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order, dtd. 7/1/2021 made in I.A.No.01 of 2021 in O.S.No. 354 of 2021 on the file of the Sub-Court, Uthamapalayam, Theni District.

(2.) According to the writ petitioners, one Chinnathai filed a suit for partition in O.S.No.71/1985 seeking 1/7th share in the suit properties which was decreed on 24/4/1992 against which, one S.V.Swaminathan preferred an appeal suit before the Principal District Court, Madurai, in A.S.No.57/1993. In the meantime, the 4th and 5th respondent in the appeal suit filed two interlocutory applications in I.A.Nos.341/1995 and 370/1995 for marking of two partition deeds dtd. 20/8/73, stating that the entire property stood in the name of S.V.Chinnamayan and S.V.Swaminathan respectively. In the above appeal suit, the 2nd respondent Chinnathai filed a Cross Appeal and the same was numbered as I.A.No.210 of 1995. While so, the mother of the petitioners and the respondents namely Sivanammal died on 11/12/1993. The appeal suit and the interlocutory applications in I.A.Nos.341/95 and 370/95 were also dismissed. However, the cross appeal in I.A.No.210/95 was allowed and 1/6th share was allotted to all the family members.

(3.) Thereafter, the said S.V.Swaminathan preferred the second appeal in S.A.No.1773/1996 before the Principal Seat and it was transferred to Madurai Bench. In the meantime, the 6th respondent namely M.Saraswathy died on 23/10/2002. Saraswathy executed a Will in favour of the 1st petitioner's wife namely Malathy and therefore, she was impleaded as the 22nd respondent in the second appeal.