N.NATARAJAN Vs. N.CHIDAMBARA GOUNDER

JUDGEMENT

(1.) Heard Mr.N.Manokaran, learned counsel appearing for the petitioner and Mr.A.K.Kumarasamy, the learned counsel appearing for the respondent.

(2.) A perusal of records show that the respondent herein is the plaintiff in O.S.No.159/2005 before the District Munsif cum Judicial Magistrate Court, Perundurai, has filed the said suit against the respondent herein and others for the relief of Partition of 1/14th share and for permanent injunction against the defendants 7 to 9. The said suit was decreed and a Preliminary Decree for partition was granted by Judgment and Decree dated 27.10.1994.

(3.) It is the case of the petitioner herein that he was added as 18th defendant in the above said suit. During the pendency of the said suit, the 3rd defendant namely Karuppana Gounder died on 27.4.1992 and the 6th defendant namely Mottaiya Gounder died on 26.04.2001. Though the defendants 3 & 6 died long back, the plaintiff/respondent herein did not take steps to bring the legal heirs of the deceased defendants. After the Preliminary Decree for partition, the respondent herein filed I.A.No.456/2005 against 20 respondents including the dead persons namely the respondents 3 & 6. Admittedly the 3 rd respondent Karuppana Gounder and the 6th respondent Mottaiya Gounder died on 27.4.1992 and 26.4.2001 prior to the filing of the final decree application. The final decree application was filed in the year 2005.