PARAMESWARI Vs. KANDAN

JUDGEMENT

(1.) The respondents 17 to 19 and judgment debtors in E.P. No. 39 of 2012 in O.S. No. 22 of 2004 on the file of the District Munsif Court, Ranipet, is the civil revision petitioners before this Court, challenging the order passed in E.P. No. 39 of 2012 in O.S. No. 22 of 2004, dated 26.04.2013, on the file of the District Munsif Court, Ranipet.

(2.) The case of the civil revision petitioners is that they are the defendants 17 to 19 in O.S.No.22 of 2004, on the file of the District Munsif Court, Ranipet and the suit in O.S.No.22 of 2004 has been filed for partition among the co-sharers and the respondents 4 to 18 are the defendants ranked as respondents 3 to 11 and as well as 13 to 16 in the suit. Originally the said suit in O.S.No.22 of 2004, the Sub-Judge, Ranipet has passed a preliminary decree on 28.01992 and later on the said suit was transferred to District Munsif Court, Ranipet for want of pecuniary jurisdiction and on 31.01.2011 the District Munsif Court, Ranipet was pleased to passed the final decree.

(3.) In respect of the various schedule of properties in the suit plaint, these petitioners who are ranked as defendants 17 to 19 in the suit are allowed to 8/18 share since the 12th defendant in the suit was died and he was substituted by the legal heirs as defendants 17 to 19. Challenging the order of the final decree passed by the learned District Munsif Court, Ranipet on 31.01.2011, these petitioners have filed an appeal along with the condonation of delay in I.A.No.18 of 2013 before the learned Sub-Judge, Ranipet and the same is pending.