(Civil Revision Petition filed against the order dated 9.11.2005 in E.A.No:3285 of 2005 in E.P.No.2248 of 2001 in O.S.No:3461 of 1972 by the learned X Assistant Judge, City Civil Court, Chennai.)

This revision is filed against the order dated 9.11.2005 made in E.A.No.3285 of 2004 in E.P.No.2248 of 2001 dismissing the said E.A., to record the petitioner/third party as an obstructor. The first respondent is the decree holder and respondents 2 to 4 are judgment debtors.

2. This Civil Revision Petition has a long checkered history. The dispute relates to the property situated at No.5/13, Thambiah Reddy Road, West Mambalam, Chennai (hereinafter referred to as the ‘suit property’). The suit property originally belonged to the father of the 1st respondent, namely, M.Venkatesa Sarma. He executed a Will on 11.5.1973 and a Codicil on 25.1.1974 wherein a deviation clause is incorporated stating that if the 8th respondent, who is his son and quarrelling with his father, does not come for compromise during his life time, he could not get any right or interest in the property at all, which is his self acquired property. The 1st respondent, during the life time of his father, accepted