RADHA RAVI Vs. MUTHIAH VATHIYAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the plaintiffs in O.S.No.18 of 2004, on the file of the District Munsif Court, Shencottah, against the judgment passed by the Appellate Court setting aside the trial Court judgment and decree, allowing the application to receive additional document and remanding back to the trial Court with direction to frame additional issue and try the suit afresh.

(2.) The suit for partition was allowed by the trial Court and preliminary decree was passed declaring the plaintiffs, Tmt.Radha and Tmt.Saraswathi, are entitled for 1072 share each in the suit schedule properties. The said judgment and decree, dtd. 25/3/2004, came to be challenged by Muthiah Vathiyar, the first defendant.

(3.) Pending Appeal, the said Muthiah Vathiyar died. Hence, his legal representatives were brought on record and others, who subsequently derived interest in the suit schedule property were also arrayed as respondents.