SANKARA NARASHIMA IYER Vs. J N LAKSHMI NARAYANAN

JUDGEMENT

(1.) IN view of the facts and circumstances of the case are one and the same, these petitions are taken up together, and disposed of by a common order.

(2.) THE petitioner is the first defendant in O. S. No. 2489 of 2004, on the file of the District Munsif Court, Coimbatore, which is a suit for partition filed by one to fourth respondents and one Suseela since died. The suit was dismissed by the learned Principal District Munsif, Coimbatore, on 11. 02. 2005. Thereupon, the plaintiffs preferred the appeal in O. S. No. 92 of 2006, on the file of the Sub-Court, Coimbatore. Pending the hearing of the appeal, the plaintiffs filed three interlocutory applications in I. A. Nos. 13, 14 and 230 of 2007 for impleading the parties, who are stated to have got joint interest in the suit properties. After hearing both sides, the Appellate Court deems it fit to remand the matter to the trial Court and remanded the same, allowing the applications in I. A. No. 13 of 2007 and I. A. No. 230 of 2007, and dismissing the I. A. No. 14 of 2007. The plaintiffs have not taken the matter in appeal from the order passed in i. A. No. 14 of 2007. The Civil Miscellaneous Appeal has been filed against the remand order and the revision petitions have been brought by the plaintiffs challenging the order before this Court, in favour of the plaintiffs.

(3.) IT is advantageous to have the allegations as contained in the interlocutory applications in order to have a thorough glimpse of the matter.