← Library
Madras High CourtCRP/994/2019dismissed

Sellammal v. T.S.Muthukumarasamy

2019-03-19Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2019

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P. (PD) No. 994 of 2019 & C.M.P.No.6571 of 2019 Sellammal

...Petitioner

Vs

1. T.S.Muthukumarasamy

2. Elavarasan

3. Dhandapani

4. Velusamy

5. The President, Vellithiruppur Panchayat, Anthiyur Taluk, Erode District.

6. The Block Development Officer, Ammapet Union, Anthiyur Taluk, Erode District.

7. The Sub Registrar, Ammapet, Erode District.

...Respondents

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, filed against the Fair and Final Orders dated 07.02.2019 passed in I.A.No.1827 of 2017 in O.S.No.286 of 2016 on the file of Principal District Munsif Court, Bhavani.

For Petitioner : Mr.R.Nalliyappan

O R D E R

The above Civil Revision Petition is filed at the stage of trial for impleading parties in a suit for bare injunction. In the affidavit filed in support of the said petition, the revision petitioner has come forward with a statement that the suit filed by her is one for partition, actually the suit is filed for bare injunction. The written statement filed by the first defendant on 23.11.2016 had highlighted the fact that necessary and proper parties have not been impleaded in the suit, despite which steps has not been taken by the revision petitioner. It was only when the matter was posted for trial that the present application has been taken that too on false application.

2. The learned Principal District Munsif Court, Bhavani by his order dated 07.02.2019 has dismissed the said application stating that the suit is one for bare injunction and there is no necessity to implead these respondents.

I do not find any infirmity in the order passed by the Principal District Munsif Court and with the above observations, the Civil Revision Petition stands dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is also closed.

19.03.2019 Index:Yes/No Speaking Order: Yes/No mrm/kan To The Principal District Munsif Court, Bhavani.

P.T.ASHA.,J mrm/kan C.R.P. (PD) No. 994 of 2019 & C.M.P.No.6571 of 2019 19.03.2019