Kaliammal v. Lakshmiammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and C.M.P. No. 7897 of 2019

1. Kaliammal

2. Palanichamy

3. Rajendran ....

Petitioners Vs

1. Lakshmiammal

2. Sundarammal ....

Respondents Prayer : Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and final order dated 06.02.2019 passed in I.A.No.700 of 2018 in O.S.No.272 of 2015 on the file of the Subordinate Court, Udumalapettai.

For Petitioners : Mr.A.Sivaji For R1 : Mr.Umapathi For R2 : No appearance

ORDER

This Civil Revision Petition has been filed to set aside the fair and final order dated 06.02.2019 passed in I.A.No.700 of 2018 in O.S.No.272 of 2015 on the file of the Subordinate Court, Udumalapettai, 1/4

thereby allowing the petition to implead the fourth defendant/second respondent herein as party to the suit.

2. The first respondent is the plaintiff and the petitioners are the defendants in the suit filed for partition. Pending suit, the first respondent filed an application to implead the fourth defendant/second respondent herein as party to the suit. The second respondent is none other than her own sister. Though she filed application to implead the second respondent as party to the suit, after examination of P.Ws.1 and 2, it is found that the second respondent is necessary party to the suit. In order to avoid multiplicity of proceedings, the Trial Court allowed the petition to implead her as fourth defendant in the suit.

3. Hence, this Court finds no infirmity or illegality in the order dated 06.02.2019 passed in I.A.No.700 of 2018 in O.S.No.272 of 2015 on the file of the Subordinate Court, Udumalapettai. Accordingly, this Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.

23.02.2023 Index:Yes/No Internet:Yes/No Lpp 2/4

To The Subordinate Court, Udumalapettai 3/4

G.K.ILANTHIRAIYAN.J, Lpp and C.M.P. No. 7897 of 2019 23.02.2023 4/4