S.Ramachandran v. Kuppammal

C.M.P.Nos. 16698 & 16705 of 2022 in S.A. Nos. 1218 & 1275 of 2009 T.V. THAMILSELVI, J.

These Civil Miscellaneous Petitions have been filed seeking seeking to implead the petitioner/proposed respondent as 18th respondent and 14th respondent in the above Second Appeals respectively.

2. Today, when the matter came up for hearing, Mr.M.A.Aruneshe, learned counsel appearing for petitioner/proposed respondent would submit that pending appeals, the other respondents (i) V.Kuppusamy, (ii) Valliayammal and (iii) Sadayammal have executed a sale deed in favour of petitioner to an extent of 1, 48 2/3rd cents of land under Sale deed vide document No.1155 of 2017 and the respondents (i) Velliyappan and (ii) Kuppusamy sold an extent of 2 acres and 37 cents to the petitioner under Sale deed vide document No.1156 of 2017 dated 14.03.2017 respectively, thereby, totally ares 3.85 7/12 cents purchased by him. Hence, he wanted to to implead him as a necessary party to the proceedings in the above Second Appeals.

3. Ms.R.Nirmala, learned counsel for 1st respondent and Mr.R.T.Doraisamy, learned counsel for respondents 2 to 6 appeared and raised formal objections in allowing this petition.

4. On seeing the facts, it reveals that when the petitioner purchased the property on 14.03.2017 to an extent of 3.85 7/12 acres of land from the respondents, which would hit by principles of lispendence, but impleading him as a party to the proceedings, it would not cause any hardship and at the same time, it would avoid multiplicity of proceedings. Therefore, this Court is inclined to allow these petitions and to implead him as 18th respondent and 14th respondent in the above Appeals.

5. Registry is directed to carry out necessary amendment in the cause title of the above Second Appeals and post the matters on 21.08.2023. 28.07.2023 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 16698 & 16705 of 2022 in S.A. Nos. 1218 & 1275 of 2009 28.07.2023