MEENAMBIGAI Vs. MALATHY

JUDGEMENT

(1.) This petition has been filed to set aside the fair and decreetal order passed in I.A.No.323 of 2020 in I.A.No.151 of 2017 in O.S.No.315 of 1998 on the file of the Principal Sub Court, Palani, dtd. 1/9/2021.

(2.) The first respondent herein filed a suit in O.S.No.315 of 1998 before the learned Sub Judge, Palani, seeking partition of 1/4th share in the suit property against the petitioners' father Dhandapani and one Somasundaram. The petitioners' father is the own brother of the first respondent, while Somasundaram is the brother-in-law of the petitioners' father and husband of the first respondent's sister. Initially, the partition suit was dismissed on 12/1/2007. As against which, an appeal in A.S.No.37 of 2007 was preferred and the same was dismissed on 28/8/2014. No Second Appeal was filed, and thus the preliminary decree attained finality.

(3.) Subsequently, the first respondent filed an interlocutory application in I.A.No.323 of 2020 under Order VI Rule 17 CPC seeking to amend the preliminary decree so as to increase her share from 1/4th to 1/2, allegedly on account of the death of certain co-sharers. The trial Court allowed the said application on 1/9/2021. Challenging that order, the present Civil Revision Petition has been filed.