K.Jaya v. Vasantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

CORAM

THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.20198 of 2018 1.K.Jaya 2.M.P.Kandasamy

...Petitioners/Respondents 1 and 2

/Petitioners/Defendants 1 and 2.

Vs.

1.Vasantha ...1st Respondent/Petitioner/Third Party/Third Party 2.Jambulingam ...2nd Respondent/2nd Respondent/3rd Respondent/Plaintiff 3.Muniyan 4.Palaniappan 5.Shakunthala 6.Chandrasekaran 7.Eshwari 8.Karupayee 9.Sundarambal ... Respondents 3 to 9 / Respondents 4 to 10

...Respondents 2 to 8 / Defendants 3 to 9

Rayappan (Died) 10.P.Chinnusamy 11.Chithayee 12.Murugesan 1/4

13.Sithaiyan 14.Muniyammal 15.Irusammal.

...Respondents 10 to 15 / Respondents 12 to 17

/ Respondents 10 to 15 / Defendants 11 to 16 Prayer:Civil Revision Petition filed under Section 115 of Code of Civil Procedure against the fair and decreetal order dated 04.08.2013 made in I.A.No.91 of 2018 in I.A.No.90 of 2018 in O.S.No.565 of 2004 on the file of the Ist Additional District Munsif Court, Bhavani. For Petitioner :

Mr.Anandhamurthy For Respondents :

For R1 :

Mr.N.Kolantaivelu :

for Mr.K.Raja For RR4,5,6,7,10,12,13 :

-No AppearanceFor R8 :

Died For R9 :

Insufficient Address For R11 :

Left For RR,2,3,14,15 :

No Residence.

ORDER

The first respondent herein has already filed O.S.No.363/2016 on the file of the District Munsif Court at Bhavani. In that suit, she has made a claim that she is entitled to 8/56th share namely half share from the allotment made in favour of her father Muniyan. Muniyan was allotted 16/56th share in O.S.No.565 of 2004. He sold out his share in favour of respondent Nos.1 and 2 namely K.Jaya and M.P.Kandasamy.

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2.The present application is to implead her in O.S.No.565 of 2004. The first respondent having filed a separate suit for declaration and for partition, she is not a proper and necessary party in the proceeding between the purchasers from her father and her father. Whatever rights she has, she is entitled to work it out in O.S.No.363 of 2016. She is not a proper or necessary party in the application filed for passing of further preliminary decree in O.S.No.565 of 2004. Reserving her right to proceed in O.S.NO.363 of 2016, the petition to implead her is set aside in O.S.No.565 of 2004. 3.This Civil Revision Petition stands allowed. No Costs. Connected Miscellaneous Petition is closed.

Index : Yes/No Speaking Order : Yes/No nst To:

The Ist Additional District Munsif Court, Bhavani.

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V. LAKSHMINARAYANAN, J, nst and C.M.P.No.20198 of 2018 4/4