NARAYANAN Vs. PARTHIBEN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 26.10.2010 passed in I.A.No.246 of 2010 in O.S.No.312 of 2007 on the file of the District Munsif Court, Mettur.

(2.) The respondents 1 and 2 has filed a suit in O.S.No.312 of 2007, on the file of the District Munsif Court, Mettur, against the respondents 3 to 15 herein for partition and separate possession of their alleged 27/240 shares in the suit properties.

(3.) According to the learned counsel appearing for the revision petitioner, the respondents / plaintiffs has contended in the suit that the suit properties are the joint family properties as the same belonged to Karumalai and Thandayee, that the first respondent herein is the grandson of the said Karumalai through one of his sons Murugesan, the 10th respondent herein, that the 2nd respondent herein is the granddaughter of said Karumalai through one of his daughters Chinnapillai, that the partition was effected on 23.08.1994 is not binding on them as they are not parties to the said partition. The 10 th respondent herein is not taking care of them and that the petitioner herein and the respondents 14 and 15 have illegally purchased the suit property from the 7th respondent herein and that they are entitled to seek for partition besides raising other pleas. The learned counsel appearing for the revision petitioner further contended that the respondents 17 to 19 have purchased some portion of the suit properties from the power of attorney of the petitioner and the 16th respondent herein pending the aforesaid suit. Therefore, the sale transactions between the respondents No.17 to 19 and 12th respondent/12th defendant, purchased from the revision petitioner/12th defendant is not valid. But, the respondents 1 and 2/plaintiffs have filed I.A.No.246 of 2010 to implead the respondents 17 to 19 herein, who are the power agent of the revision petitioner/12th defendant and purchasers. The said application in I.A.No.246 of 2010 was allowed by the trial Court. Hence, the revision petitioner filed this civil revision petition before this Court.