RANGANATHAN (DIED) Vs. CHENNAMMAL

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal orders of the learned District Munsif and Judicial Magistrate of Uthangarai dated 29.10.2012 in I.A.No.431 of 2011 in O.S.No.373 of 1995.

(2.) The petitioner is the third defendant, the first respondent is the plaintiff and the second respondent is the second defendant in the suit in O.S.No.373 of 1995 on the file of District Munsif and Judicial Magistrate Court, Uthangarai. Pending Civil Revision Petition, the sole petitioner died and petitioners 2 to 6 were brought on record as legalheirs of the sole petitioner. The first respondent filed the suit in O.S.No.173 of 1975 before District Munsif Court, Krishnagiri against her father Krishnasami Naidu, second respondent who is her sister, the first petitioner who is her brother and one G.Subramani for partition claiming 1/4th share in the suit property. An exparte preliminary decree was passed on 13.06.1975. The first defendant, father of the respondents and petitioner died on 207.1982 and hence the petitioner and respondents are entitled to 1/3rd share in the suit property as against 1/4th share. In the meantime, the suit was transferred to District Munsif Court, Uthangarai and renumbered as O.S.No.373 of 1995. The first respondent filed I.A.No.344 of 1995 in O.S.No.373 of 1995 for passing of final decree for partition by appointment of a commissioner to divide the properties as directed by the preliminary decree in the suit.

(3.) The learned Judge rejected the contention of the first petitioner and allowed the application in I.A.No.431 of 2011 in O.S.No.373 of 1995 appointing Mr.S.Murthi, Advocate as Commissioner to measure the property with the help of surveyor and divide the same into three equal shares and file a report and plan by allotting 1/3rd share to each of the parties.