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Madras High CourtCRP/2886/2022dismissed

Sundara Vadivelu v. Padmavathi

2022-11-07Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.15704 of 2022 1.Sundara Vadivelu 2.Rishi @ Govindasamy ... Petitioners vs 1.Padmavathi 2.The Inspector Hindu Religious and Charitable Endowment Board, Sholingur Road, Arakkonam Taluk, Vellore District.

... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 20.06.2022 in I.A.No.424 of 2019 in O.S.No.245 of 2010 passed by the District Munsif Court, Arakkonam. For Petitioners : Mr.A.Gopinath For R2 : Ms.Dr.S.Suriya Additional Government Pleader 1/4

ORDER

The Civil Revision Petition is filed challenging the order passed by the Court below dismissing the petition filed by the petitioner seeking impleadment of the 2nd respondent herein in the suit.

2. The 1st respondent herein filed a suit for permanent injunction against the petitioners in respect of the suit property in Survey No.937/15. The petitioners herein filed a petition seeking impleadment of the 2nd respondent/Hindu Religious and Charitable Endorsements Department on the ground that the 1st respondent is trying to encroach the adjacent property belongs to temple under the control of the Hindu Religious and Charitable Endorsements Department.

3. Even according to the revision petitioners, the survey number of the temple land is 936. Therefore, it is clear that the survey number of the temple land is different from the survey number of the suit property. The 1st respondent filed a suit for permanent injunction seeking a personal remedy against the petitioners.

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4. In these circumstances, the presence of the Hindu Religious and Charitable Endorsements Department which owns land in a different survey numbers is not at all necessary for deciding the issues involved in this suit for permanent injunction. I do not find any illegality or irregularity in the order passed by the Court below.

5. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed. 07.11.2022 Index : Yes / No Speaking Order : Yes / No dm To The District Munsif Court, Arakkonam.

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S.SOUNTHAR, J.

dm 07.11.2022 4/4