P. Gopalan v. B. Kalaiselvi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.12.2023 CORAM :
THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI Civil Revision Petition No.4561 of 2023 1.P.Gopalan 2.S.Sumathi 3.A.Senthil 4.A.Balakumar ... Petitioners
Versus
1.B.Kalaiselvi 2.P.Ravichandran 3.K.Thirugnanasambandam 4.T.Rajaram 5.T.Saranya 6.M.Suganthi 7.G.Manonmani 8.G.Maheshkumar 9.G.Arunprakash 10.R.Dhanalakshmi 11.R.Raghupathi 12.R.Sivakumar 13.S.Visalakshi 14.M.Kavitha 15.The Joint II Sub-Registrar ... Respondents Civil Revision Petition filed Under Article 227 of Constitution of India, praying to set aside the fair and decretal order of the I Additional District and Session's Judge at Tiruppur dated 21.08.2023 in CFR.No.7794 of 2023 (unnumbered O.S.No. Of 2023) and direct the Original Suit to be numbered. 1\4
For Petitioners :
Mr. P.Valliappan, Senior Counsel for Mr.K.M.Hareesh
O R D E R
The petitioners have filed this petition to set aside the fair and decretal order of the I Additional District and Session's Judge, Tiruppur dated 21.08.2023 in CFR.No.7794 of 2023 (unnumbered O.S.No. Of 2023).
2. Heard Mr.P.Valliappan, the learned senior counsel for Mr.K.M.Hareesh, the learned counsel appearing for the petitioners and perused the materials available on record.
3. Before the trial Court the revision petitioners / plaintiffs have filed a suit for partition and for a separate Possession in respect of 1/3 share in the Suit property and for declaration, declaring that the partition deeds dated 07.09.1979 and 31.12.1993 are null and void abinitio and not binding on the plaintiffs. The contention of the plaintiffs are that their father Palaniappa Mudhaliar along with two brothers namely Muthuswamy and Arumugam jointly purchased the suit property. After the demise of the said Palaniappa Mudhaliar, the first plaintiff as a only son, and other plaintiffs are in joint possession along with other legal heirs of Muthuswamy and Armugam, but 2\4
behind his back Muthuswamy and Arumugam alone entered into a partition deed in the year 1979. Consequently in the year 1993, when they verified the Encumbrance Certificate as the Co-sharers are having 1/3 rd share in the property, they came forward with the present suit for partition. But the learned trial Judge rejected the plaint stating that after a long years they come forward with the suit. Considering the partition deed dated 07.09.1979. According to the plaintiffs, they are the legal heirs of the Palaniappa Mudhaliar who is said to be the joint purchaser of the suit property along with his other two brothers on 09.11.1934. The defendants herein are the legal heirs of the said Muthuswamy and Arumugam.
4. According, to the plaintiffs all the documents were created behind their back, now they are nearing 80 years. If opportunity is not given to them to prove the case, their valuable right will be defeated.
5. The learned trial Judge erroneously rejected the plaint stating that after a long years the suit was filed. As a co-sharers / plaintiffs are entitled to file a suit for partition at any stage. Therefore the rejection made by the learned trial Judge is set aside.
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T.V.THAMILSELVI, J.
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6. Registry of the trial Court is directed to number the plaint, if it is otherwise in order within a period of two weeks from the date of receipt of a copy of this order and the learned trial Judge is directed to dispose of the case as early as possible.
7. Accordingly, this Civil Revision Petition is allowed. There shall be no order as to costs.
14.12.2023 Index : Yes/No Speaking/Non Speaking order rri To
1. The I Additional District and Session's Judge, Tiruppur.
2.The Section Officer, VR-Section, High Court of Madras.
Civil Revision Petition No. 4561 of 2023 4\4