K.P.Arthanarisamy v. Lalitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.18904 of 2018 1.K.P.Arthanarisamy 2.Gayathri 3.Kokila 4.Savithri 5.K.V.Shanmugasundaram 6.Muthusamy ... Petitioners Vs 1.Lalitha 2.N.B.Subramaniam 3.Thangam 4.Poonkodi 5.P.Krishnamurthy ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the Fair and Final Order of the Sub Court, Rasipuram dated 18.07.2018 made in I.A.No.76 of 2015 in O.S.No.18 of 2015. 1/4

For Petitioners : Mr.S.Sounthar For Respondents : R1 to R5 Notice Served - No Appearance **********

O R D E R

This Civil Revision Petition is filed against the Fair and Final Order dated 18.07.2018 made in I.A.No.76 of 2015 in O.S.No.18 of 2015 on the file of the Sub Court, Rasipuram, thereby permit the respondents to file the suit in the representative capacity.

2. The petitioners are the defendants and the respondents are the plaintiffs in the said suit. The respondents filed the said suit for declaration and for consequential injunction. The case of the respondents is that they purchased vacant lands from the layout formed in Survey No.290/4 situated at Rasipuram Municipality by the first defendant in the suit.

3. While being so, in the lay out land, Plot No.52 was earmarked as a road. Even then the first defendant sold the road portion, which was marked 2/4

as road as per the lay out in favour of the defendants 2 to 4 namely the petitioners 1 to 3 herein. Therefore, all the purchasers of the plot in the lay outs formed by the first defendant sought to file the suit in the representative capacity.

4. The Court below rightly permitted the respondents to file the suit in the representative capacity and this Court finds no infirmity or illegality in the order passed by the Court below.

5. Accordingly, this Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is dismissed. No order as to costs.

08.07.2021 Internet:Yes Index:Yes/No Speaking/Non speaking order rna To The Sub Court, Rasipuram.

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