M.RADHAMANI Vs. GOMATHIAMMAL

JUDGEMENT

(1.) The appellant in the Second Appeal has filed this Review Application challenging the judgment of this Court made in S.A.(MD)No.373 of 2004, dtd. 21/9/2016.

(2.) The plaintiff namely the third respondent in the Second Appeal filed a suit for partition claiming 1/4th share in all the suit properties. Though the suit was dismissed in respect of the first item, the suit was decreed in respect of items 2 to 4 of the suit properties. Further, the trial Court also suggested that third item of the suit property should be allotted to the share of the first defendant / appellant. The judgment of the trial Court was challenged by the first defendant / appellant in the appeal in A.S.No.29 of 2003. The plaintiff also filed a Cross Objection. The appeal filed by the first defendant was dismissed and the Cross Objection filed by the plaintiff was allowed in respect of the third item of suit property and decree for partition was also granted in respect of the third item insofar as the land is concerned. It is made clear by the trial Court that the plaintiff is not entitled to get partition in respect of the land where the rice mill and building is constructed. Aggrieved by the same, the first defendant preferred an appeal before this Court.

(3.) The appeal was argued at length and after hearing the appellants elaborately on all issues, the appeal came to be dismissed by this Court by judgment dtd. 21/9/2016. It is thereafter the present review petition has been filed by the appellant in the Second Appeal who is the first defendant in the suit.