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Madras High CourtA/2243/2013allowed

Arulmigu Somanatha Swami v. The Special Commissioner And

2021-08-09Honourable Mr Justice N. Seshasayee2 pages

A.No.2243 of 2013 in C.S.No.284 of 2013 A.No.2243 of 2013 in C.S.No.284 of 2013 N.SESHASAYEE , J.

Learned counsel for the applicant has not logged in, however, the learned counsel for the respondents has helped the Court to pass this order. 2.In a suit for declaration of title over the suit property, the plaintiff seeks to implead certain 3rd parties to the suit as additional defendants. According to the plaintiff the temple properties are wrongly classified by the Revenue Officials as Anadeenam land and suggest certain conspiracy in this aspect which was undertaken to benefit certain private parties. The plaintiff now seeks to implead the proposed parties as additional defendants on the ground that these defendants are meant to have executed certain sale deeds. 3.Learned counsel for the proposed parties would submit that these parties have purchased the suit property based on the decree obtained in C.S.No.196 of 2004, the suit instituted for specific performance to a sale agreement. He submitted that he is the title holder to the property on the strength of the decree.

N.SESHASAYEE, J.

https://www.mhc.tn.gov.in/judis/

A.No.2243 of 2013 in C.S.No.284 of 2013 kas 4.It is now apparent, in the suit for declaration of title, the proposed parties seem to set up their independent title, necessarily they should be heard and let in and hence, they are now sought to be impleaded. 5.This Court finds merit in the application and the same is allowed accordingly.

6.This Court also records its appreciation for the counsel appearing for the proposed party in assisting the Court in the absence of the counsel for the applicant. The plaintiff is directed to carry out necessary amendment in the plaint on or before 13.09.2021.

09.08.2021 (1/2) kas A.No.2243 of 2013 in C.S.No.284 of 2013 https://www.mhc.tn.gov.in/judis/