R.Meena@Meera v. A.V.Mukundhan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP (PD) No.3127 of 2018 and

1. R.Meena @ Meera

2. R.Iyyappan

3. Kalaiyarasi @ Ammu

4. Lillybai

5. Vignesh

6. Vinoth Kumar ..Petitioners Vs.

1. A.V.Mukundhan

2. K.Maragatham ... Respondents Prayer: The Civil Revision petition filed under Section 227 of Constitution of India, to set aside the Fair and Decreetal order dated 16.08.2018 passed in I.A.No.405 of 2017 in O.S.No.27 of 2016 by the learned Subordinate Judge, Arni, Thiruvannamalai District and permit the petitioners to implead them as Defendants 2 to 7 in the suit namely O.S.No.27 of 2016 in the interest of Justice.

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For Petitioners : Mr.J.Arun Prasad For Respondents : Mr.S.Ramesh

O R D E R

This Civil Revision petition has been filed by the third parties to the suit in O.S.No.27 of 2016, challenging the order dismissing I.A.No.405 of 2017, filed by them seeking impleading.

2. The said application was dismissed by the trial Court on the ground that the mother of the petitioners is the defendant in the suit and in view of her presence, the petitioners are not necessary parties to the suit.

3. Mr.S.Ramesh, learned counsel appearing for the respondents/plaintiffs would submit that the suit itself has been decreed on merits on 13.11.2018 and the mother of the petitioners has filed an appeal before the District Court.

4. In view of the said submission, this Civil Revision petition is 2/4

dismissed as having become infructuous, leaving it open to the petitioners to workout their remedies before the appellate Court, if they are so advised. No costs. Consequently, connected miscellaneous petition is closed. 24.07.2020 vum Index: Yes/No Speaking order / Non speaking order To:

1. The Subordinate Judge, Arni, Thiruvannamalai District

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

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R.SUBRAMANIAN, J.

vum CRP (PD) No.3127 of 2018 and 24.07.2020 4/4