S MUTHUKRISHNAN Vs. M BRINDA

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the order passed by the learned Additional District and Sessions Judge, Fast Track Court No.IV, Tiruppur, Coimbatore in I.A.No.1626 of 2011 in O.S.No.38 of 2010 in and by which the learned Judge has allowed the petition filed by the 1st respondent herein directing the revision petitioner, who is the plaintiff in the connected suit O.S.No.618 of 2010 to commence the evidence at the first instance. Aggrieved by this order, the petitioner has filed this revision.

(2.) The brief facts which are essential for disposing of this Civil Revision Petition are narrated herein below:

(3.) The revision petitioner has claimed absolute right to the "A" Schedule property under a registered Partition Deed entered into between himself and his father Subbarayalu Naidu dated 22.09.1968. It was his case that his father Subbarayalu Naidu had executed a Will with reference to his share in the property on 005.1995 and 10.05.1995. The father had died in the year 1997. It was the further case that the 4th respondent herein is his own sister and the 1st respondent and Divyasundari are her daughters. Kannappan a close relative of the family, had started causing problem and trying to create a wedge between the revision petitioner and his sister and the other sister of the revision petitioner one Jayalakashmi had died even during the life time of her father and the 4th respondent, who had become a widow 24 years back was being taken care of by the revision petitioner and her daughters were given in marriage by the revision petitioner. It was also the case of the revision petitioner that he had sold an extent of 21 cents to the 4th respondent and a house was constructed by him for the 4th respondent by spending huge amounts. It was his case that the respondents 1, 4 and the other defendants had attempted to trespass into the suit property on 14.10.2009 and 28.11.2009 which was thwarted by the plaintiff, but however, the 4th respondent had encroached into an extent of 2 = feet both on the Southern and Eastern side. Therefore, the suit.