Madras High CourtCRP/4701/2014dismissed

Ezhumalai v. P.Kumar

2022-02-28Honourable Mrs Justice J. Nisha Banu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Civil Revision Petition [PD] No.4701 of 2014 & M.P.No.1 of 2014

1. Ezhumalai

2. Murugan ... Petitioners ..Vs..

1. P.Kumar

2. K.Seetha

3. Kalidass

4. Loganathan

5. Bakthavatchalam

6. Sudhakar

7. Amarnath 8.Mehaboob Sherif ... Respondents Prayer: This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the Order dated 15.07.2014 passed in I.A.No.614 of 2014 in O.S.No.181 of 2012 on the file of the Principal District Munsif Court, Tiruvannamalai.

For petitioners : Mr.B.Jawahar For Respondents : -- 1/4

O R D E R

This Civil Revision Petition has been filed challenging the dismissal of the application filed to implead the respondents 6 to 8 as defendants 6 to 8 in the suit in O.S.No.181 of 2010.

2. The suit has been filed for declaration and for permanent injunction. The defendants have filed written statement stating that they are genuine purchasers from the owner of the property. The proposed parties claiming right over the property have given a false complaint before the Land Grabbing Cell stating that petitioners are trying to trespass into the property. Hence, the petitioners have filed an application to implead the proposed respondents as the defendants in the suit.

3. A perusal of the records show that the trial Court considering the fact that inspite of the defendants filing had written statement in the year 2010 stating that they have purchased the property in the year 1995 itself and also filed documents in support of the same along with the written statements, the plaintiffs have not filed any reply statement denying the said 2/4

contentions. The trial Court also considering the fact that though it is stated in the application that the respondents 6 to 8 have filed a compliant before the Land Grabbing Cell, Thiruvannamalai, they have not filed any documents to substantiate the same. The trial Court considering all these facts, has rightly dismissed the application. Hence, I do not find any reason to interfere with the above Order of the Court below.

4. Accordingly, this Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 28.02.2022 Index:yes/no Internet:yes vrc To The Principal District Munsif, Thiruvannamalai.

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J.NISHA BANU, J.

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