Natesa Gounder (Died) v. Nallayee,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.1713 of 2016 and C.M.P.No.9140 of 2016 Natesa Gounder (Died) 1.Manokaran S/o.Natesa gounder 2.Ramsankar S/o.Manokaran 3.Lakshmanakumar S/o.Manokaran ... Petitioners vs Nallayee, W/o.Kuppusamy ... Respondent Civil Revision Petition filed under Section 227 of the Constitution of India to set aside the fair and decreetal order dated 07.03.2016 made in I.A.No.551 of 2015 in O.S.No.95 of 2009 on the file of the learned Sub Court, Sankari by allowing this Civil Revision Petition. For Petitioners :

Mr.N.Manokaran *****

O R D E R

This revision arises against the order of learned Sub Judge, Sankari, passed in I.A.No.551 of 2015 in O.S.No.95 of 2009 on 07.03.2016.

2. Heard learned counsel for petitioners.

3. In allowing I.A.No. 551 of 2015 in O.S.No.95 of 2009, the Court below has reasoned that the respondent/plaintiff having filed a suit for partition informing his father, brother and herself to be entitled to 1/3rd share each in property, on the death of her father, sought amendment towards claiming half share in the property. Though petitioners/defendants 2 to 4 have claimed right over the property under a settlement deed, the Court below has found that no proof has been adduced in support of their contention which in any event was to be established through evidence. This Court finds no error in the order under challenge.

4. The Civil Revision Petition, accordingly, is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 15.06.2016 Index:yes/no Internet:yes nvi

To The Sub Court, Sankari

C.T.SELVAM, J nvi Civil Revision Petition (PD) No.1713 of 2016 15.06.2016