S MANIKANDA MOORTHY Vs. S KRISHNA MOORTHY

JUDGEMENT

(1.) These civil revision petitions are filed by the 1 st Defendant against the order passed in I.A. Nos. 357 and 358 of 2009 in O.S. No. 299 of 2007 by the learned District Munsif, Tirumangalam dated 27.4.2009.

(2.) The 1 st respondent/plaintiff had filed the above said suit for partition and for declaration that the Will and settlement deeds said to have been executed by the father of the respondents is not binding on him and also for permanent injunction restraining the petitioner/1 st defendant from in any way encumbering the suit properties. The petitioner resisted the suit refuting the allegations made in the plaint by filing a Written Statement.

(3.) The suit had been taken up for trial and during the adduction of evidence of the 1 st respondent/plaintiff, the 1st respondent had filed an application in I.A. No. 357 of 2009 to recall himself and another application in I.A. No. 358 of 2008 seeking permission to mark an unregistered deed of family arrangement dated 26.8.1974 as a document on his side. According to the 1st respondent, the suit properties are the ancestral properties left by his father and there was a family arrangement between his father and his brothers where under the suit properties were made liable for division.