O R D E R

This Civil Revision Petition has been filed to strike off the original petition in G.W.O.P.No.6 of 2022 on the file of the learned Principal District Court, Erode.

2.The facts in nutshell are as follows :

2.1 The revision petitioner/Devishanmugapriya is the mother of the minor children V.D.Kiranish and V.D.Kiranika; the first respondent/S.Jayaraman is the brother of deceased Nagarajan, who is the father of Devishanmugapriya; the second respondent/K.Velumani is the brother of Late Venkateshwaran, who is the husband of Devishanmugapriya; the third respondent/V.Yamunadevi is the wife of K.Velumani; and the fourth respondent/K.Samudevi is the mother-in-law of Devishanmugapriya.

2.2 The revision petitioner is the first respondent in G.W.O.P.No.6 of 2022. The said Original Petition was filed by the first respondent herein to appoint him as a guardian for the person and properties of the minor children V.D.Kiranish and V.D.Kiranika, born to Devishanmugapriya and Venkateshwaran.

2.3 the marriage between Devishanmugapriya and Late Venkateshwaran was solemnized on 28.11.2001 and two minor children were born out of their wedlock; due to some misunderstanding between the Devishanmugapriya and her husband, he filed a petition in H.M.O.P.No.169 of 2015 for divorce; during the pendency of the said petition, he committed suicide on 02.03.2018; subsequently, Devishanmugapriya filed a suit in O.S.No.162 of 2018 before the learned I Additional District Judge, Erode for partition of the properties of her late husband; the said suit ended in a compromise with the respondents 2 to 4 herein; in the meanwhile, S.Nagarajan, who is the father of Devishanmugapriya also filed G.W.O.P.No.32 of 2020 before the I Additional District Judge, Erode to appoint himself as a guardian for the person and properties of the minor children; during the pendency of the said petition, he died and thereafter, the first respondent/Jayaraman, who is the brother of Nagarajan filed a petition to implead himself as a party to G.W.O.P.No.32 of 2020 by filing I.A.No.4 of 2021 and the same was dismissed ; in view of the said dismissal, Jayaraman had caused impediments even to register the compromise entered into between the parties to the suit in O.S.No.162 of 2018; thereafter, C.R.P.(PD).No.676 of 2022 was filed seeking a direction to the learned I Additional District Judge, Erode to record the compromise in O.S.No.162 of 2018 and the same was allowed on 04.03.2022 and only thereafter, the compromise was recorded; once again Jayaraman filed G.W.O.P.No.6 of 2022 for appointing himself as a guardian for the two minor children of Devishanmugapriya, by stating that she is incompetent to have the custody of the children.

3. The learned counsel for the revision petitioner submitted that, when the mother of the minor children is alive and the children are under her custody, the third party has filed the petition seeking himself to be appointed as a guardian for the minor children; the first respondent/

Jayaraman has failed in his attempt to implead himself as a party to the earlier G.W.O.P.No.32 of 2020; he also objected to record the compromise entered into between the parties in O.S.No.162 of 2018; the intention of the first respondent, Jayaraman is just to harass the revision petitioner in all ways possible.

3.1. The learned counsel for the revision petitioner further submitted that in the order passed in C.R.P.(PD).No.676 of 2022 on 07.03.2022, a clear account about the manner in which Jayaraman caused obstruction to record even the compromise entered into between the parties to the other suit proceedings between the petitioner and her husbands relatives has been given; when the mother and natural guardian is alive, no third party can claim himself to be appointed as a guardian for the minor children by making any false allegations; the petition filed by the first respondent/Jayaraman to implead himself as a party to G.W.O.P.No.32 of 2020 by way of filing I.A.No.4 of 2021, was