M.Balasubramanian v. Sundarambal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P. No. 6741 of 2020 1.M.Balasubramanian 2.R.Vasumathi 3.N.Banumathi 4.N.Murugapoopathy 5.M.Gomathi 6.L.Indhumathy 7.L.Balasubramaniam 8.D.Chandra Devi 9.K.Anuradha 10.B.Radhakrishnan 11.K.Sivakumar 1/10

12.K.Vigneshwaran 13.S.Selvi 14.K.Senthil Kumaresan 15.M.Kaleeswari 16.S.Jagadeeswari 17.V.Muralidharan 18.V.Radha 19.S.Vijayalakshmi 20.S.Balaji 21.N.Menaka 22.R.Shanthamani 23.K.Amirtham 24.K.Sivasankar 25.K.Aathithyan 26.P.Ganga 27.Rajalakshmi 28.Mrs.V.Santhanalakshmi 29.Bharathi 2/10

30.Venkatachalam 31.V.Krishnamurthi 32.V.Senthamarai Kannan

...Petitioners

Vs.

1.Sundarambal 2.V.Thirumal Arasu 3.N.P.Veerapandian 4.P.Palanikumar 5.N.P.Gnanavel 6.P.Ranganayaki 7.P.Mahalakshmi 8.K.Suthentha 9.P.Arunthathi 10.T.Sangameswari 11.R.Baleswari 12.R.Senthilkumar 13.R.Rajasekar 3/10

14.R.Krishnamohan 15.R.Suresh 16.S.Krishnamoorthy 17.E.Premalatha 18.S.Maharani 19.P.Doraisamy 20.D.Ranjith 21.T.Miruthula 22.R.Palanikumar 23.R.Bhuvaneswari 24.P.Vignesh 25.P.Revathi 26.V.Gomathi 27.S.Suguna 28.V.Sridevi 29.V.Balaji 30.V.Rajkumar 31.P.Leelakrishnan

...Respondents

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Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 0301-2020 in IA no.12 of 2019 in OS no.1609 of 2015 on the file of the Principal Subordinate Court, Coimbatore.

For Petitioners :

Mr. C.R.Prasannan For Respondent 1:

Mr. C.Ravichandran For Respondents :

No Appearance 2 to 31

O R D E R

This civil revision petition is filed challenging the order passed in I.A.No.12 of 2019 in O.S.No.1609 of 2015, on the file of the Principal Sub Court, Coimbatore. The above IA has been filed by the 1st respondent herein seeking to implead herself as a party to the proceedings in O.S.No.1609 of 2015.

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2. Without traversing into the merits of the case, it is seen that O.S.No.1609 of 2015 has been filed by respondents 2 to 11 herein, for a partition of their 10/44th share in the property and for a permanent injunction. In the said suit, the plaintiffs have pleaded an oral family arrangement dated 22.11.1981. The 1st respondent inturn had filed a suit in O.S.No.788 of 2020, on the file of the District Court, Coimbatore, for a partition of the very same property and allot a 1/9th share to her.

3. The 1st respondent claims a right to the property on the basis that she is the sister of one Padmanaban. The said Padmanaban died intestate and issue less and the property devolved on his siblings. The 1st respondent submits that some of the legal heirs are no more.

4. The 1st respondent who is one of the legal heirs of the deceased Padmanaban would submit that the Family Arrangement Deed is a fraudulently created document. Therefore, she is a necessary and 6/10

proper party in the suit O.S.No.1609 of 2015 to prove the same.

5. The learned Trial Judge by his order dated 03.01.2020 allowed the petition as prayed for. Challenging the same, the present civil revision petition has been filed.

6. Heard the learned counsels on the either side and perused the records.

7. The order of the learned Principal Sub Court, Coimbatore in allowing I.A.No.12 of 2019 and consequently impleading the 1st respondent does not suffer from infirmity and the order clearly prevents multiplicity of proceedings. Unless the 1st respondent is impleaded as a party in the suit O.S.No.1609 of 2015, she will not be in a position to question the family arrangement.

8. Therefore, the order impugned is in order and consequently, the Civil Revision Petition is dismissed. Consequently, the connected 7/10

miscellaneous petition is closed. No costs.

9. Since the subject matter in O.S.No.1609 of 2015 and O.S.No.788 of 2020 are one and the same and as the suit in OS.No.788 of 2020 is pending on the file of the District Court, Coimbatore, the suit in O.S.No.1609 of 2015 now pending on the file of the Principal Sub Court, Coimbatore, shall be withdrawn and transferred to the file of the District Court, Coimbatore to be tried along with O.S.No.788 of 2020.

13.02.2025 Index : Yes/No Internet : Yes/No kan 8/10

To 1.The District Court, Coimbatore 2.The Principal Sub Court, Coimbatore 9/10

P.T. ASHA, J, kan 13.02.2025 10/10