Murugesan v. Marayee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and C.M.P.No.18717 of 2021 Murugesan .. Petitioner Vs.

1.Marayee 2.Valliammal @ Vasantha 3.Palaniammal @ Kannammal 4.Karumannan 5.Marayee 6.Priya 7.K.Kaliammal 8.Marappan 9.Sadasivam 10.P.Kaliammal 11.Maliga .. Respondents 1/4

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 07.09.2021 made in I.A.No.1 of 2021 in O.S.No.26 of 2017 on the file of District Munsif Court at Paramathy by allowing the present Revision. For Petitioner : Mr.T.L.Thirumalaisamy ******

O R D E R

The application filed by the plaintiffs seeking to implead the proposed party in the suit for declaration of the sale deed dated 28.08.1995 is invalid on the ground that they have sold the property to the proposed party has been dismissed by the trial Court on the ground that the affidavit in support of the application has been filed by the proposed party and the petition has been filed by the plaintiffs.

2. No doubt, it is a technical reason which has been assigned by the trial Court. I do not think, I need to interfere with the order, except to observe, that it will be open either to the proposed party or to the plaintiffs to file a proper application, which will be considered by the learned District Munsif, Paramathy without being influenced by any of the observations 2/4

made in the order impugned in this Revision.

3. The Revision is therefore dismissed with above liberty. No costs. Consequently, the connected miscellaneous petition is closed. 25.11.2021 dsa Index : No Internet : Yes Speaking order To The District Munsif, Paramathy.

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R.SUBRAMANIAN, J.

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