← Library
Madras High CourtCRP/5399/2025allowed

M.Nagarajan, v. S.Senthil Rajesh,

2026-02-26Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.27200 of 2025 M.Nagarajan ... Petitioner vs.

1.S.Senthil Rajesh 2.K.M.Rajesh ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal orders dated 05.04.2025 in I.A.No.4 of 2024 in O.S.No.459 of 2023 on the file of the District Munsif cum Judicial Magistrate, Annur and allow the above Civil Revision Petition.

For Petitioner : Mr.C.R.Prasanan For Respondents :M/s.P.Ravi Shankar Rao for R1 M/s.L.Mouli for R2

O R D E R

This Civil Revision Petition is filed challenging the order passed by the trial Court allowing the impleadment application filed by the petitioner in injunction suit.

1/4

2. The petitioner herein filed a suit for bare injunction against deceased Mohan and second respondent herein. The first respondent herein claiming himself as son of the deceased filed the present application seeking impleadment. The said application was allowed by the trial Court. Aggrieved by the same, the petitioner has come before this Court.

3. The learned counsel appearing for the petitioner would submit that the cause of action in an injunction suit is the personal one and it dies with the person and hence the petitioner/plaintiff has no cause of action against the proposed party namely the first respondent. In such circumstances, according to the counsel, the 1st respondent need not be impleaded or compelled to contest a suit.

4. The said statement of the learned counsel for the petitioner that the petitioner/plaintiff has no cause of action against the first respondent is recorded and the impugned order passed by the trial Court is set aside. 2/4

5. Accordingly, the Civil Revision Petition stands allowed by recording the statement of learned counsel for the petitioner. No costs. Consequently, connected miscellaneous petition is closed. 26.02.2026 Index : Yes / No Speaking order : Yes / No : Yes / No ub To The District Munsif cum Judicial Magistrate, Annur.

3/4

S.SOUNTHAR, J.

ub 26.02.2026 4/4