CHINNAPAIYAN ALIAS SHANMUGAM Vs. P P SUBRAMANI

JUDGEMENT

(1.) THIS civil revision petition has been filed against the order, dated 18.6.2009, made in unnumbered interlocutory application, in I.A.No. of 2009 (Court Fee Register No. 1548/2009) in O.S.No. 07 of 2001, on the file of the District Munsif Court, Sankari.

(2.) THE petitioner in the present Civil Revision Petition is the 12th defendant in the suit filed by the respondent, in O.S.No.07 of 2001. THE respondent had filed the said suit for partition and separate possession of a share in the suit property and for certain other reliefs.

(3.) ON behalf of the respondent it has been stated that the relief sought for by the petitioner, in the interlocutory application, cannot be granted by the trial Court, since a certified copy of the alleged Will had already been marked, as Ex.B-4, by the petitioner. The trial Court had also held that the petitioner had already examined himself, as a witness during the trial and he had also marked the certified copy of the Will, dated 6.9.1974, alleged to have been executed by his grand father Palaniappa Bakthar. It was also noted that the cross examination had also been completed. At that stage, the petitioner had filed the interlocutory application, when the trial was at the stage of completion.