R.M.Sethupathi v. Pitchai Naidu

C.M.P.No. 421 of 2012 in S.A. No. 164 of 2006 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking seeking to implead the petitioner as proposed 5th respondent in the above Appeal.

2. Today, when the matter came up for hearing, Mr.P.Seshadri, learned counsel appearing for petitioner/proposed 5th respondent would submit that the petitioner came to know that the above Second Appeal was filed by the appellants after lapse of eleven years of his purchase from the 4th respondent. So, he was the purchaser of item no.3 of suit property, which is in his possession and enjoyment till date. Hence, he is a necesssary party to the above Second Appeal. If he is not impleaded, it will lead to multiplicity of proceedings. Accordingly, he filed the above petition to implead the petitioner in the above second appeal.

3. Mr.J.Ashok, learned counsel for 4th respondent appeared and raised strong objections in allowing this petition.

4. Considering the facts and circumstances and being satisfied with the reason stated in the affidavit seems to be justifiable one, this Court is inclined to allow this petition and to implead the petitioner as 5th respondent in the above Appeal.

5. Registry is directed to carry out necessary amendment in the cause title of the above Second Appeal and post the matter on 19.10.2023 along with the appeal in A.S.No.163 of 2006.

11.09.2023 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 421 of 2012 in S.A. No. 164 of 2006 11.09.2023