Sundararajan v. Appass

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2023

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.17295 of 2019

1. Sundararajan

2. Nanjappan ....

Petitioners Vs

1. Appass

2. Sugavanan ....

Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and final order dated 01.08.2018 made in I.A.No.19 of 2018 in O.S.No.215 of 2015 on the file of the I Additional District Munsif, Bhavani.

For Petitioners : Mr.Lakshmanasamy For Respondents : No appearance

ORDER

This Civil Revision Petition has been filed to set aside the fair and final order dated 01.08.2018 passed in I.A.No.19 of 2018 in O.S.No.215 of 2015 on the file of the I Additional District Munsif, Bhavani, thereby allowing the petition to implead the second respondent as one of the plaintiff.

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2. The first respondent filed a suit for mandatory injunction as against the petitioners for removal of the stone with iron fence in ABCD portion put up by them over the suit property. Pending suit, the second respondent herein purchased the suit property. Therefore, he filed a petition to implead himself as one of the plaintiff in order to pursue the suit and the same was allowed. Therefore, the Court below rightly allowed the petition.

3. Hence, this Court finds no infirmity or illegality in the order dated 01.08.2018 passed in I.A.No.19 of 2018 in O.S.No.215 of 2015 on the file of the I Additional District Munsif, Bhavani, accordingly, this Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.

03.03.2023 Index:Yes/No Internet:Yes/No Lpp To The I Additional District Munsif, Bhavani.

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G.K.ILANTHIRAIYAN, J.

Lpp and C.M.P.No.17295 of 2019 03.03.2023 3/3