Madras High CourtCRP/2416/2016allowed

R.T.Dhinakar v. P.Durga Prasad

2016-08-05Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) Nos.2416 & 2417of 2016 & Crl.M.P.No.12448 of 2016 in CRP No.2416 of 2016 & Crl.M.P.No.12449 of 2016 in CRP No.2417 of 2016

1. Mr.R.T.Dhinakar

2. Mr.Jampala Gangadha Prasad ... Petitioners vs

1. Mr.P.Durga Prasad

2. Mrs.K.Kalpana

3. Mrs.Kalluri Shanthi

4. Mr.Jampala Lakshmi Prasad

5. Mrs.Vepuri Vimala

6. Mrs.Pemmasani Sri Lakshmi

7. Mrs.Jamapala Dwarki Bai

8. Mr.Jampala Ananda Mohan

9. Mrs.Jampala (Buddi) Padmavathi

10. Mrs.Maddineni Kavitha

11. Mrs.Jamapala Suneetha

12. Mrs.Jamapala Ratna Kumari

13. Mrs.Jamapala Jyothi ... Respondents Civil Revision Petitions filed under Article 227 of the Constitution of India to set aside the order passed by the learned Additional District Munsif, Poonamallee in I.A.Nos.283 and 284 of 2016 in O.S.No.202 of 2011 dated 04.07.2015 as they are illegal, unsound and liable to be set aside. For Petitioners : Mr.G.Ethirajulu

C O M M O N O R D E R These revisions challenge the order of learned Additional District Musif, Poonamallee passed in I.A.Nos.283 and 284 of 2016 in O.S.No.202 of 2011 on 04.07.2016.

2. Heard learned counsel for petitioner.

3. The third plaintiff having been died and her legal heirs not having been brought on record, such legal heirs have filed petition in I.A. No.283 and 284 of 2016 towards condonation of delay in filing the impleading petition and for being impleaded as plaintiffs 13 and 14 therein. Despite the defendants in the action informing that they have no objection for impleadment of the legal heirs of the third plaintiff, the court below, in a routine manner, adjourned the applications.

4. In the circumstances, this court would allow these revisions and direct the court below to consider I.A.No.283 and 284 of 2016 on merits and proceed further in the suit in accordance with law. It is informed that other plaintiffs have withdrawn from the action. If the parties who are to be impleaded as plaintiffs 13 and 14 consider it necessary that original plaintiffs 1 to 12 be made party/defendants, it is for them to make out a case there

regards by moving an appropriate application. No costs. Consequently, connected miscellaneous petition is also closed. 05.08.2016 Index:yes/no Internet:yes vrc To The I Additional District Munsif, Poonamallee.

C.T.SELVAM, J vrc Civil Revision Petition (PD) Nos.2416 & 2417 of 2016 05.08.2016