SAROJA Vs. V NAGARAJAN

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 17.06.2008 passed by the learned Subordinate Judge, Dharmapuri in I.A.No,275 of 2007 in O.S.No,55 of 2000, this civil revision petition is focussed.

(2.) THE facts giving rise to the filing of this revision as stood exposited from the records as well as the arguments advanced by the learned counsel for the petitioners could succinctly and precisely be set out thus:

(3.) A bare perusal of the order of the trial Court would reveal that the trial Court has not properly kept itself informed of the actual facts. In para 5 of its judgment, the lower Court remarked as though the legal heirs of the deceased defendant contended that the property belonged to the family and not to the defendant. Whereas neither in the affidavit of the petitioners in the interim application nor in their additional written statement, there is any reference to it. What are all found mentioned in the additional written statement as well as in the affidavit accompanying the petition, is to the effect that the Venkataraju Naidu, the deceased defendant was not the owner of the suit property and he had no right to enter into such agreement to sell.