JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed by the learned Principal Subordinate Judge, Coimbatore, in E.A.No.24 of 2013 in E.P.No.31 of 2014 dated 09.07.2014.)

1. I am constrained to exercise the suo motu powers under Article 227 of Constitution of India in this case.

2. The admitted case of the plaintiff in O.S.No.899 of 1991 is that the property belonged to one Chinna Pappal. She is said to have executed a registered Will dated 12.07.1964 bequeathing the entire properties to her sons namely C.K.Kannuswamy Pillai and K.Govindarajulu. On the demise of C.K.Kannuswamy Pillai, his legal heirs and K.Govindarajulu partitioned the property by way of a registered document dated 27.10.1988. The plaintiff would further aver that the property obtained from a paternal grandmother should be treated as joint family property. On that basis, the plaintiffs made a claim of 6/7 share in favour of the plaint and 1/7 share for the defendant. The suit was decreed in and by a judgment dated 06.08.1997. The judgment reads as follows:

“ The suit for passing decree directing the division of the suit property in