MUTHAMMAL Vs. S THANGAM

JUDGEMENT

(1.) This petition has been filed seeking to quash the proceedings in C.C.No.137 of 2015, pending on the file of the learned Judicial Magistrate No.I, Nagarcoil.

(2.) The sum and substance of the complaint filed before the Court below by the respondent is that an extent of 3 cents of land in Survey No.171 of 2011, originally belonged to two persons namely, Shanmugam and Sudalaiyandi. Each was entitled for 1 cents. The said Shanmugam sold the entire three cents to one Pichaikannu Pillai, who is the father of the petitioners 2 to 8 and the husband of the first petitioner. Thereafter, the other brother Sudalaiyandi has executed a sale deed in favour of the respondent to an extent of 1 cents in the year 1986. The respondent has filed a suit in O.S.No.1388 of 1986 against Pichaikannu Pillai praying for partition and separate possession of 1 cents land in survey No.171 of 2011.

(3.) In the said suit, a preliminary decree was passed on 31.08.1999, in favour of the respondent and the respondent was held to be entitled to half share in the property. As against the judgment and decree, the said Pichaikannu Pillai filed an appeal in A.S.No.96 of 1999 before the District Court, Nagercoil and during the pendency of the appeal, he died and the petitioners filed an application to implead themselves to prosecute the appeal. The appeal was also dismissed by judgment and decree dated 13.08.2003. Thereafter, the respondent filed an application for passing of the final decree and the same was pending.