Court may defer orders in interlocutory applications pending appeal decisions in partition suits to ensure equity and fairness.

COMMON ORDER

These Civil Revision Petitions are filed challenging the orders dated

02.08.2019 and 17.06.2019 in I.A.No.73 and 14 of 2019 in I.A.No.170 of 2017 and 9 of 2018, respectively on the file of the Additional District Court (Fast Track Court), Palani.

2.The petitioner in both the petitions is the first defendant in O.S.No.86 of 2012 and the third defendant in O.S.No.116 of 2012. Both the suits were filed for partition and the said suits were decreed. Thereafter, the petitioner/sisters filed an interlocutory application in I.A.No.9 of 2018 and I.A.No.170 of 2017 for passing final decree. In the final decree proceedings, the plaintiffs filed applications in I.A.No.14 of 2019 and 73 of 2019 for inclusion of some other properties in both the suits on the ground that the mother of the plaintiffs in both the suits died and the share of the mother was allotted to the female heirs. The said applications were allowed. Challenging the same, the present Civil Revision Petitions are filed.

3.The learned counsel for the petitioner in both petitions submits that all the properties were added in the preliminary decree. Allotment of additional shares to the plaintiffs on the ground that the mother settled her shares in favour of the plaintiffs, has to be decided in the final decree proceedings. Now as against the preliminary decree, the aggrieved persons filed A.S.(MD)Nos.150 to 152 before this Court and the said appeal are pending before this Court with an interim order of stay for passing final decree alone. Hence, it would be suffice to defer the order in I.A.No.73 and

14 of 2019 till the disposal of the appeal.

4.The learned counsel for the respondents in both the petitions have no serious objection for the same.

5.Accordingly, this Civil Revision Petitions are disposed of holding that the order passed in the interlocutory applications, which are impugned in these petitions shall be kept in abeyance till the disposal of the first appeal pending before this Court. No costs. Consequently, connected miscellaneous petitions are closed.