E S SELAMBANAN Vs. A SENNIMALAI GOUNDER

JUDGEMENT

(1.) This Civil Revision Petition, filed under Section 115 of the Code of Civil Procedure, is directed against the fair and decreetal order in I.A.No.248/2018 in O.S.No.210 of 2011 on the file of the I Additional District Judge, Erode.

(2.) The petitioner herein filed the said interlocutory application, who was the first defendant in the suit. The suit was filed by the first respondent herein for partition and permanent injunction. The petitioner filed the interlocutory application under Order 20 Rule 18 read with Section 151 CPC to pass a supplementary preliminary decree for division of the suit properties into three shares and direct the same to be carried into effect. The suit, which was filed by the first respondent herein, was decreed by judgment and decree dated 15.07.2015 and a preliminary decree was passed in favour of the plaintiff and the defendants 2 to 4 for their 1/5th share each in plaint 'A' and 'B' schedule properties only. The claim for partition by the plaintiff and the defendants 2 to 4 for 1/5th share in 'C' schedule property was dismissed. Aggrieved by the said preliminary judgment and decree, the plaintiff as well as the defendants preferred appeals before this Court in A.S.Nos.534, 960 and 1005 of 2015. The learned Single Bench of this Court, by judgment and decree dated 22.08.2017, dismissed the appeals filed by the petitioner herein and allowed the appeals filed by the respondents 1 and 2 herein and accordingly, the decree of the Trial Court was modified to the effect that the plaintiff and the defendants 1 to 4 are entitled to share in respect of the suit 'A', 'B' and 'C' schedule properties. Aggrieved by the decision of the learned Single Bench, the first defendant, the petitioner herein preferred Special Leave Petition before the Hon'ble Supreme Court in S.L.P.No.5068 of 2018, which was dismissed by order dated 23.03.2018.

(3.) After about eight months, after the disposal of the first appeals, the petitioner herein filed I.A.No.248 of 2018 stating that subsequent to the passing of the preliminary decree, the respondents 1 and 2 filed I.A.Nos.166 and 167 of 2018 for final decree and that the same is pending, in which the respondents 1 and 2 alleged that the respondents 3 and 4 have gifted away their 1/5th share in favour of the second respondent and the second respondent has laid a claim of three shares out of 5 shares to be allotted to him in the final decree proceedings.