CRP NPD No.354 of 2013

1. This revision is directed against the order dated 09.11.2012 passed in I.A.No.147 of 2011 in I.A.No.746 of 2007 in O.S.No.123 of 2005 by the I Additional Sub Court, Coimbatore.

2. The petitioner had instituted the suit O.S.No.123 of 2005 on the file of the First Additional Sub Judge, Coimbatore against the respondents 1 to 6 for partition claiming 1/6th share by metes and bounds. After contest, the trial court passed a preliminary decree. Thereupon, the defendants 1 to 5 filed I.A.No.746 of 2007 for passing final decree. When the application was pending, the petitioner filed I.A.No.147 of 2011 under Sections 2, 3, 4 and 5 of Partition Act and 151 of CPC seeking for permission to purchase the sharers of the respondents 1 to 5 for the value of Rs.4,25,000/- or any value which the court may deem it fit and proper for the petition property and for direction to the respondents 1 to 5 to sell their 5/6th shares in the property of the petitioner.

3. The petitioner has averred in the affidavit filed in support of the petition that the trial court has decreed the suit in part and dismissed in respect of some of the properties by a decree dated 07.11.2006. A