ABURVAKOUNDER (DIED) Vs. BALAMURUGAN

JUDGEMENT

(1.) Challenging the impugned order rejecting the applications filed under Sec. 152 of CPC to amend the preliminary decree in O.S.No.310 of 2000 dtd. 23/4/2002 and to hold that the first plaintiff/first respondent is entitled to 1/4th share in the suit properties and the defendants 2 to 4/petitioners 2 to 4 are jointly entitled to 1/4th share.

(2.) Brief background of the case are as follows:

(3.) This Court in order to assist the Court, appointed Mr.P.Valliappan, learned Senior Counsel and Mr.Sharath Chandran, learned counsel as amici curiae. According to them, preliminary decree declares rights or shares to the parties in the partition. It is an order declaring the shares of parties is interim in character. It is is for this reason that the Court is empowered to pass any number of preliminary decrees prior to passing of a final decree in the suit. Both the learned counsels submitted that once the final decree has been passed, the suit will come to an end for all practical purpose.