Abimannan v. Krishnan Mudaliar (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA C.R.P.(PD).No.1810 of 2022 and C.M.P.No.9226 of 2022 1.Abimannan 2.Arumugam 3.Muthu ... Petitioners ..Vs..

Krishnan Mudaliar (deceased) 1.Mahalakshmi 2.The District Collector, District Collectorate, Villupuram.

3.The Tahsildar Taluk Office, Tindivanam, Villupuram District.

4.The Sub Registrar, Joint No.2, SRO, Tindivanam, Villupuram District.

5.H.Navinkumar ... Respondents 1/5

Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, against the decreetal order dated 17.03.2022 made in I.A.No.241 of 2021 in O.S.No.386 of 2008 on the file of the Additional District Munsif, Tindivanam.

For Petitioners : Mr.R.Balaguruswamy

O R D E R

This Civil Revision Petition has been preferred, challenging the order of the learned Additional District Munsif, Tindivanam, dated 17.03.2022 made in I.A.No.241 of 2021 in O.S.No.386 of 2008 . 2.The revision petitioners are the plaintiffs and they filed a suit for declaration and permanent injunction against the first respondent and her husband. Pending the suit, the revision petitioners have preferred a petition in I.A.No.241 of 2021 to implead the Government respondents 2 to 5 as parties to the proceedings and the same was dismissed. Aggrieved over that, the revision petitioner has preferred this revision. 2/5

3.The learned counsel for the petitioners submitted that the proposed Government parties are necessary parties and in order to show how the properties were dealt from time to time and to prevent further alienation.

4.The suit itself for the relief of declaration and permanent injunction against the private parties and there is no cause of action against the proposed Government parties and no relief also sought against them.

5.Under such circumstances, the Government parties cannot be added as parties to each and every proceedings, where there is a dispute between the private parties as to the entitlement of any properties. The learned trial Judge has rightly dismissed the petition. I do not find any reason for interference.

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6.Accordingly, the Civil Revision Petition is dismissed and the order the of the learned Additional District Munsif, Tindivanam, dated 17.03.2022 made in I.A.No.241 of 2021 in O.S.No.386 of 2008, is hereby confirmed. No Costs. Consequently, connected Miscellaneous Petition is closed.

15.06.2022 vkr Index:Yes No Speaking Order:Yes/No To 1.The Additional District Munsif, Tindivanam.

2.The Section Officer, VR Section, Madras High Court, Chennai.

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R.N.MANJULA,J.

vkr C.R.P.(PD).No.1810 of 2022 and C.M.P.No.9226 of 2022 15.06.2022 5/5