N.Sasikala v. Muthammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2022 CORAM :

THE HON'BLE MRS.JUSTICE J.NISHA BANU and M.P.No.1 of 2014 N.Sasikala

...Petitioner

Vs.

1.Muthammal 2.D.Sasikala 3.D.Udhayakumar 4.Rangiah Gowder 5.Rangammal 6.R.Devaraj 7.Ramadurai

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and decreetal order dated 10.09.2013 made in I.A.No.1095 of 2012 in O.S.No.967 of 2001 on the file of the I Additional Subordinate Judge, Coimbatore. For Petitioner : Mr.S.Mukunth for M/s.Sarvabhauman Associates For Respondents : Mr.R.T.Doraisamy for R1 to R3 No appearance for R4 to R7 Page 1 / 4

O R D E R

The present Civil Revision Petition has been filed challenging the fair and decreetal order dated 10.09.2013 passed in I.A.No.1095 of 2012 in O.S.No.967 of 2001 by the learned I Additional Subordinate Judge, Coimbatore.

2. The above I.A. has been filed by the petitioner to implead her as a party respondent in the pending suit, which was filed for partition in the year 2001.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. In the suit for partition, a preliminary decree came to be passed on 22.01.2008. The petitioner is a third party, who claimed to have purchased Item No.3 of the suit scheduled property from one Koral Krishnan on 03.07.2012 under a registered sale deed, after a preliminary decree came to be passed. She filed an application to implead herself as a party in I.A.No.1095 of 2012 in the above suit. Finding that Page 2 / 4

the petitioner is not a bona fide purchaser as she purchased the third item of the suit property, after preliminary decree came to be passed and therefore, dismissed the application. The suit is of the year 2001 and this Civil Revision Petition is pending from the year 2012. The finding of the learned Judge that the petitioner is not a bona fide purchaser, as she has purchased the property, after preliminary decree came to be passed does not warrant any interference from this Court. 5.Accordingly, this Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed. 08.02.2022 Internet:Yes Index:Yes/No Speaking Order/Non-speaking order ms/RR Page 3 / 4

J.NISHA BANU , J.

ms To The I Additional Subordinate Judge, Coimbatore.

and M.P.No.1 of 2014 08.02.2022 Page 4 / 4