HIGH COURT OF MADRAS
Hon`ble Mr Justice S.S. SUNDAR
BAGYALAKSHMI – Appellant
Versus
N.SARASWATHIAMMAL(DIED) – Respondent
ORDER
(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 Suit in O.S.No.125/2010 is also for permanent injunction restraining the defendants in the Suit from dealing with the property which is the subject matter of the Suit. Despite the fact, that the Preliminary Decree and a decree for permanent injunction was grante
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