JUDGMENT :

(Prayer: Civil Revision Petition filed under Section 115 of CPC to set aside the fair and decreetal order dated 03.12.2018 passed in REA.No.159/2018 against EP.No.24/2018 in O.S.No.125/2010 on the file of the learned Principal Sub-ordinate Court at Krishnagiri.)

1. This Civil Revision Petition is directed against the order in REA.No.159/2018 against the REP.No.24/2018 in O.S.No.125/2010 passed by the Principal Sub Court, Krishnagiri.

2. Brief facts that are necessary for the disposal of this Civil Revision Petition are as follows:

3. The petitioner, admittedly is a third party to the proceedings in O.S.No.125/2010. The said Suit in O.S.No.125/2010 before the Principal Sub Court, Krishnagiri was filed by the 4th respondent in the Civil Revision Petition for partition of 1/4th share in the Suit property.

4. It is not in dispute that the Preliminary Decree was granted. It is also not in dispute that after the Preliminary Decree one of the sharers died and therefore, the plaintiff/4th respondent applied for modification of shares and the Preliminary Decree which was passed in the Suit was modified by granting 1/3rd share to the 4th respondent/plaintiff.

5. It is admitted that the