S SELVARAJ Vs. DURAIRAJ

JUDGEMENT

(1.) This petition is filed against the order passed in I.A.No.1721 of 2014 in O.S.No.275 of 2011 dated 27.01.2015 on the file of the learned Principal District Munsif, Tenkasi.

(2.) The petitioners are the defendants and the respondent is the plaintiff in the suit. The respondent filed a suit in O.S.No.275 of 2011 against the petitioners, seeking a prayer of 1/5th share in the suit properties. In the suit, the first and second defendants filed a petition in I.A.No.1721 of 2014 for receiving a document and the petition was dismissed by the Trial Court. Against the order of dismissal, the petitioners have filed this Civil Revision Petition.

(3.) On the side of the petitioners, it is stated that the petitioners and the defendants 3 and 4 are brothers and sisters and in the family partition, the first defendant got a house in Old Door No.5-1-80, New Door No.60-1-60 and another house was given a share of 1/3rd in the property of the father and the second defendant was given a house in Old Door No.5-1-180, New Door No.16-1-58 and 1/3rd share in the Punja Land and the plaintiff was given 1/3rd share in the Punja Land and instead of house the plaintiff was given 5 cents of land in addition to his share and the plaintiff has admitted the same in the family partition, dated 01.03.1999 and the plaintiff sold all these properties to various parties and subsequently, he has filed the suit. The petitioners got the original family arrangement deed recently and they filed a petition for marking the said document.