Banumathy v. R. Lakshmi Kutty (Died) 1. N. Surendaran

S.SOUNTHAR,J.

, This Civil Miscellaneous Petition has been filed to implead the 18th Respondent herein as 19th Respondent in First Appeal in A.S.No.410 of 2007.

2. The notice to the proposed 18th respondent/P.Latha is served and her name appeared in the cause-list.

3. Mr.Su.Srinivasan, learned counsel takes notice for the proposed 18th respondent and he would submit that he received vakalat for 18th respondent and the same was filed before the Registry. He further submitted that in view of Doctrine of Lis Pendens, the impleading application need not be allowed and any decree passed in the first appeal will bind the 18th respondent.

4. The 1st respondent settled the property to the 18th respondent pending first appeal. Even though the alienation in favour of the 18th respondent, is hit by Doctrine of Lis Pendens. In the case on hand, already the impleading application has been filed and notice was also served on the proposed 1/3

party/alinee. Having regard to nature of decree challenged in this appeal, the proposed party is a proper party to this appeal. Therefore, this Court is inclined to allow this civil miscellaneous petition.

5. Accordingly, C.M.P.No.641 of 2025 is ordered and the 18th respondent is impleaded as 19th respondent in the main appeal.

6. The Registry is directed to carry out necessary amendment and list the main appeal for hearing on 17.09.2025.

03.09.2025 dm 2/3

S.SOUNTHAR,J.

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