S. NACHIMUTHU GOUNDER Vs. CHELLAMMAL AND OTHERS

JUDGEMENT

(1.) THIS petition is preferred by one Nachimuthu Gounder for modification of the order dated 4th December, 1975 passed by this Court in Crl. M.P. Nos. 2069 and 2890 of 1974, by deleting certain observations made in the said order.

(2.) BEFORE mentioning the grounds mentioned by the Petitioner in the affidavit filed by him, in support of this petition, it is necessary to indicate certain facts relating to the proceedings leading to this petition.

(3.) IT transpires from the affidavit filed in Crl. M.P. No. 2890 of 1974 by one Subramaniam, brother of Sellammal, that the said Kaliappan, the decree -holder in O.S. No. 870 of 1972, is no other than the uncle of the second wife of Nachimuthu Gounder (Second Respondent herein) that the present Petitioner, viz., the auction purchaser is another uncle's son of the second wife of Nachimuthu Gounder, that all of them had colluded together and that Respondents 2 and 5 herein had allowed the suit to be decreed exparte and the execution proceedings to be proceeded with. Thus, it is mentioned that all of them, in collusion and with the mala fide intention of cheating Sellammal and depriving her of her lawful share in the properties settled in her favour and putting her in trouble, had created all these transactions. Thus by the said petition, Sellammal had prayed for reconsideration of the order passed on 6th March 1973 in C.A. No. 252 of 1970. The second Respondent filed a counter stating that the properties, which were the subject -matter of the settlement deed, were never attached as alleged by Sellammal and in any event the Respondents therein were not all aware of any attachment over the properties. Finally he submitted that he had no other property and that the prayer of Sellammal for direction was not maintainable. Under these circumstances, Krishnaswamy Reddy. J., after hearing both parties, passed a consolidated order in Crl. M.P. Nos. 2069 and 2890 of 1974. Now, the Petitioner herein, the auction -purchaser, seeks to modify the said order by delecting the following portion contained therein: