Selvarani v. P.Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 5195 of 2025 and CMP No.26189of 2025

1. SELVARANI W/o E.Kumar, Ganesapuram, Vellalapatty Village Thumbal Via, Erstwhile Attur Taluk Now at Pethanaickenpalayam Taluk, Salem District

2. SHANTHI W/o S.Venkatachalam, D/o P.Selvaraj Kattukottai, Prithivimangalam Post Kallakurichi Taluk and Dt Petitioner(s) Vs

1. P.Selvaraj S/o Late Palani Gounder, Vellalapatty Village, Thumbal Via, Erstwhile Attur Taluk Now at Pethanaickenpalayam Taluk Salem District 2.S.Mohanraj S/o P.Selvaraj, Vellalapatty Village, Thumbal Via, Erstwhile Attur Taluk Now at Pethanaickenpalayam Taluk Salem District

3.S.Arun S/o P.Selvaraj, Vellalapatty Village, Thumbal Via, Erstwhile Attur Taluk Now at Pethanaickenpalayam Taluk Salem District 4.S.Sathiya S/o Mohanraj, Vellalapatty Village, Thumbal Via, Erstwhile Attur Taluk Now at Pethanaickenpalayam Taluk Salem District 5.MANIMEGALAI Wo Sathiyamoorthy, D.No.27A, Thumbal Main Road, Vellalapathy Post, Erstwhile Attur Taluk Now at Pethanaickenpalayam Taluk Salem Dt 6.NIMA Wo Mohanraj, D.No.617, Ganesapuram, Vellalapathy Post, Thumbai Via, Erstwhile Attur Taluk Now at Pethanaickenpalayam Taluk Salem Dt Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Order passed by the Additional District Judge, Attur in IA.No.5 of 2025 in OS.No.92 of 2014 dated 01.08.2025 by allowing this CRP. For Petitioner(s):

Mr. T.GANESAN

ORDER

This civil revision petition is filed, challenging the order passed by the Trial Court, dismissing the application for amendment, filed by the petitioner.

2. The petitioners filed a suit in O.S.No.92 of 2014 for partition against the respondents. Pending suit, the 2 nd respondent filed an application to implead the pendente lite purchaser as 5 th and 6 th defendants and the said application was allowed. Subsequently, the petitioners filed amendment application and the plaint was also amended by impleading the names of the pendente lite purchasers. Now, the instant application has been filed by the petitioners seeking to introduce a new prayer in the plaint, viz., declaration, the sale deed in favour of the pendente lite purchaser was null and void. The said application was dismissed by the court below. Aggrieved by the same, this civil revision petition is filed.

3. It is seen from the records that the suit for partition was filed by the petitioners in the year 2014. The sale of the property in favour of the 4 th and 5 th defendants had taken place on 11.01.2021, pending suit. Therefore, the said sale is hit by doctrine of lis pendens. In such circumstances, there is no need for the petitioners to seek a prayer for declaration, declaring that the said sale is null and void and the doctrine of lis pendens will take care of the petitioners/plaintiffs. The Court below, rightly dismissed the application for

amendment as unnecessary and I do not find any infirmity to interfere with the said order.

4. Accordingly, this civil revision petition is dismissed, confirming the impugned order passed by the Court below. Connected miscellaneous petition is closed. Connected miscellaneous petition is closed. 31-10-2025 Internet: yes Index: Yes/No MST To The Additional District Judge, Attur.

S.SOUNTHAR J.

MST CRP No.5195 of 2025 31-10-2025