C. SHANMUGARAJA Vs. J. RATHINA KAMALA

JUDGEMENT

(1.) The second defendant in O.S.No.276 of 2022, on the file of the Third Additional District Court, Tirunelveli, has filed the above revision petition, challenging an order issued by the trial Court directing the second defendant to let in evidence first.

(2.) A perusal of the records reveal that the first respondent in the revision petition had filed the above said suit for the relief of partition and separate possession of her alleged 1/6 share in the suit schedule properties and in the accumulated rent collected from the buildings in the first and second schedule properties, which is shown as the third schedule property.

(3.) Both the suit schedule properties were the absolute properties of the father of the plaintiff and the defendants 1 to 5, namely, M.S.Chidambaram Nadar. He had died intestate leaving behind his wife Unnamalai Ammal and his sons and daughters. The wife of M.S.Chidambaram Nadar, namely, Unnamalai Ammal had also died intestate in October 2012. The plaintiff and the defendants 1 to 5 are each entitled to 1/6 shares of the properties. These facts are not disputed in the written statement filed by the second defendant.