ANJAPPA ALIAS KANNAPPAN Vs. CHINNA REDDY

JUDGEMENT

(1.) THIS revision petition has been directed against the order passed in I.A.No,25 of 2004 in O.S.No,50 of 2004(I.A.No.161 of 2004 in O.S.No.127 of 1996 on the file of Sub Court, Hosur) on the file of the First Additional District Judge, Krishnagiri.

(2.) I.A.No,25 of 2004 in O.S.No,50 of 2004 (I.A.No.161 of 2004 in O.S.No.127 of 1996 on the file of Sub Court, Hosur)was filed for passing a final decree in terms of the preliminary decree passed in O.S.No.127 of 1996 by the plaintiff/decree holder. The revision petitioner is the First defendant in O.S.No.127 of 1996 against whom after impleading the 9th defendant in the array of parties, the plaintiff has failed to take steps for issuance of summons which resulted in the dismissal of the suit as against 9th defendant. The plaintiff was granted preliminary decree for = share of the plaint schedule property. Aggrieved by the findings of the learned trial Judge, Defendants 1,2,7 and 8 have preferred an appeal in A.S.No.168 of 1998 therein 9th defendant Krishnaveni was arrayed as 6th respondent. In the final decree application (I.A.No,25 of 2004) filed by the plaintiff, only D1 to D8 were shown as respondents 1 to 8 and 9th defendant Krishnaveni's name does not find a place.

(3.) WITH regard to the remaining 50% of the share Krishnaveni is entitled to take her chance along with other defendants. As far as the remaining 50% of the plaint schedule property, the plaintiff's right has been secured under the decree in A.S.No.168 of 1998.