R. Banumathi, J. - (1.) These appeals arise out of order dated 29th September, 2016 of the High Court setting aside Orders dated 29th October, 2015 and 2nd November, 2015 passed by the Trial Court in and by which the Trial Court has set aside the preliminary decree as well as the final decree passed in favour of the respondents.
(2.) The appellant-Society claims to have purchased the entire 93.25 acres of land in Survey NO(s).148-155 from six joint owners including Mohd. Ismail, the father of respondent no.1, by a sale deed dated 20th May, 1980. The appellant-Society claims to have developed the said land by making the house plots numbering 1197 plots and is said to have delivered the possession of the plots to its 1197 members. The appellant-Society also claims that many of its members have built their houses on the said plots which is refuted by the respondents.
(3.) Respondent No(s).1 and 3 to 8 have filed suit for partition in respect of certain extent of land in Survey No(s).148-155 in O.S. NO.21 of 2004. In the said suit, preliminary decree dated 14th November, 2005 and final decree dated 17th April, 2007 were passed. In both, preliminary and final decree stage the appellant-Society herein was set exparte. According to the appellant-Society, they were not served with summons and that the summons were served on a wrong person.;