Arumugam v. Kannan (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2020 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P (PD) No.1661 of 2020 and C.M.P.No.10257 of 2020 Arumugham ... Petitioner Vs.

Kannan (died) 1.Parasuraman 2.Narayanan 3.Kaliammal 4.Seethalakshmi 5.Ezhumalai 6.Arthanari 7.Sambandamurthi 8.Selvaraj 9.Kannan 10.Elamparithi 11.Ravichandran 12.Gomathi 13.Amudha 14.Radha 15.N.Sundarajan 16.N.Senthilkumar 17.N.Loganathan 18.N.Jayanthi 19.Vasantha 1/4

20.K.Thavadamoopar 21.L.Veerasami 22.C.Kannan 23.K.Ramakrishnan 24.A.Saytu 25.A.Basheer 26.A.Kaajee 27.A.Huseen A.Mumtaz (died) 28.A.Samsul 29.A.Razool 30.M.Subathra 31.K.Palani ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the District Munsif, Sankarapuram to dispose of I.A.No.1206 of 2019 in O.S.No.449 of 2009 filed for amendment pending at argument stage. For Petitioner :

Mr.J.Srinivasa Mohan for M/s.TVJ Associates - - - - -

O R D E R

The present Civil Revision Petition has been preferred for a direction to the trial Court, to dispose of the interim application filed for amendment of plaint.

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2. Considering the limited prayer sought for by the petitioner, a direction is given to the learned District Munsif, Sankarapuram, to dispose of the interlocutory application in I.A.No.1206 of 2019 in O.S.No.449 of 2009, within a period of one month from the date of receipt of a copy of this order.

3. The learned counsel for the petitioner submits that newly impleaded respondents are creating encumbrance and altering the physical features of the property.

4. It is made clear that, any action done by the respondents during the pendency of the trial, would be hit by doctrine of lis pendens. With the above observations, the Civil Revision Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22.09.2020 asi/ms 3/4

M.GOVINDARAJ, J.

asi/ms To The District Munsif, Sankarapuram.

C.R.P (PD) No.1661 of 2020 and C.M.P.No.10257 of 2020 22.09.2020 4/4