Venkat @ Venkatesan v. S.Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.Nos.1501,1505 and 1507 of 2024 Venkat @ Venkatesan ... Petitioner Vs.

1.

S.Kumar Kuppammal (died) 2.

Kamaraj 3.

Murali 4.

Babu 5.

Prabu 6.

Selvam 7.

S.K.Janakiraman 8.

S.K.J.Ajay 9.

S.K.J.Harish 10.

S.K.J.Kavya 11.

M.Mahadev Sharma 12.

The Joint Sub Registrar-I, O/o.District Registrar, Vellore, Arani Road, Velapadi, Vellore City.

13.

The Commissioner, Vellore City Municipal Corporation, Infantry Road, Vellore City.

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14.

The Tahsildhar, Vellore Taluk, Taluk Office, Arani Road, Velapadi, Vellore City.

15.

The Village Administrative Officer, Vellore North, Having Office at Sheraf Line Road, Long Bazaar, Vellore.

... Respondents PRAYER:

Civil Revision Petition filed Article 227 of Constitution of India, praying, to set aside the order and decree dated 07.12.2023 made in I.A.No.2 of 2023 in O.S.No.35 of 2008 on the file of the Additional Subordinate Judge, Vellore, Vellore District, by allowing the present Civil Revision Petition.

For Petitioner : Mr.A.Gouthaman For Respondents : Mr.R.Manoharan for R2 to R6 Ms.Aswini Devi K.

Additional Government Pleader for R12 and R14 Dr.S.Suriya Additional Government Pleader for R13 No appearance for R1, R7 to R11

O R D E R

This Civil Revision Petition is filed challenging the order passed by the Court below, allowing the petition for impleadment filed by the 2/6

petitioner/3rd defendant in the suit.

2.The first respondent herein filed a suit for partition against the petitioner and respondents 2 to 6 herein. Pending suit, there was an attempt to alienate the subject matter of property in favour of the third parties. Therefore, the petitioner herein/3rd defendant filed an interlocutory application in I.A.No.2 of 2023 seeking to implead respondents 7 to 15 herein as party defendants in the suit. The said petition was allowed by the Court below by ordering impleadment of respondents 7 to 11 herein as party defendants in the suit and impleading application was dismissed as against the official respondents, namely respondents 12 to 15 herein. Aggrieved by the same, the petitioner has come forward with the present Civil Revision Petition. 3.

and mutation of Revenue Records in favour to the respondents. The Court below, without appreciating the points raised by the petitioner, dismissed the petition. Therefore, according to him, the impugned order is liable to be set aside.

4. If the petitioner has got a meaningful apprehension that the defendants in the suit including the newly impleaded private respondents are attempting to alienate the property to the third parties, it is open to him to get restraint order against them by way of filing an appropriate application against the private respondents. It is not necessary to implead the Sub Registrar and the Revenue Officials to prevent further registration and mutation of Revenue Records. Hence, the petitioner has got an effective remedy before the trial Court against the private respondents. Therefore, the prayer made by the petitioner for impleadment of official respondents is not at all maintainable. The Court below has rightly dismissed the application in respect of official respondents. I do not find any irregularity or infirmity in the order passed by the Court below. Accordingly, this Civil Revision Petition is 4/6

dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

5. Having regard to the facts, as the suit is of the year 2008, the trial Court is directed to dispose of the suit as expeditiously as possible. 30.10.2025 Index:Yes/No Speaking order/Non-speaking order ms To 1.

The Additional Subordinate Judge, Vellore, Vellore District.

2.

The Joint Sub Registrar-I, O/o.District Registrar,Vellore, Arani Road, Velapadi, Vellore City.

3.

The Commissioner, Vellore City Municipal Corporation, Infantry Road, Vellore City.

4.

The Tahsildhar, Vellore Taluk,Taluk Office, Arani Road, Velapadi, Vellore City.

5.

The Village Administrative Officer, Vellore North,Having Office at Sheraf Line Road, Long Bazaar, Vellore.

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S.SOUNTHAR, J.

ms and C.M.P.Nos.1501,1505 and 1507 of 2024 30.10.2025 6/6