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Madras High CourtCMP/5168/2025dismissed

S.Sundharam v. Arulmighu Thiru Kandasamy Thirukoil

2025-09-18Honourable Mr.Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN CMP No. 5168 of 2025 in S.A.No.543 of 1994

1. S.Sundharam Petitioner Vs

1. Arulmighu Thiru Kandasamy Thirukoil Rep by its executive officer, Tiruporur, Chengalpattu Dist.

2.Kothandaraman 3.Growel Technology and Development Services LLP Rep by its Designated partner, Mr.V.S.Ravikumar, No.7/11, 4th Floor, Sarrthy Street, T.Nagar, Chennai - 600017.

Respondents Prayer:To implead the petitioner/proposed 3 rd respondent as 3 rd respondent in S.A.No.543 of 1994 pending on the file of this Court. For Petitioner : K.Durai Murugan

ORDER

The petitioner claims to be an innocent purchaser of property from one Muthukumarasamy. The petitioner's vendor is not a party to the suit. The suit has been filed for declaration of title, recovery of possession and mesne profits against four specified individuals, namely:- (i) Kothandararam;

(ii) Ambikapathi Ammal, (iii) Jaikumar; and (iv) Padmavathy Ammal.

2. A decree for declaration of title is not one in rem. The petitioner has no right to intermeddle in any proceedings, where his vendor is not a party.

3. At this stage, learned counsel for the petitioner seeks permission to withdraw this petition. As I am dismissing the application on merits, there is no necessity to grant the liberty sought for.

4. This civil miscellaneous petition is dismissed. No costs. 18-09-2025 nl

To 1.The Executive Officer, Arulmighu Thiru Kandasamy Thirukoil Tiruporur, Chengalpattu Dist.

2.Mr.V.S.Ravikumar, Designated partner, Growel Technology and Development Services LLP No.7/11, 4th Floor, Sarathy Street, T.Nagar, Chennai - 600 017.

V.LAKSHMINARAYANAN, J.

nl 18-09-2025