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Madras High CourtCRP/3884/2018dismissed

T.R.V.Rengabashyam v. T.R.V.Rajendran

2021-07-27Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP.No.21597 of 2018 T.R.V.Rengabashyam ..Petitioner Vs.

1.T.R.V.Rajendran 2.T.R.V.Navaneethakrishnan 3.T.R.V.Parthasarathy ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 20.08.2018 passed in IA.No.733 of 2018 in OS.No.226 of 2017 on the file of the District Munsif Court at Nagapattinam.

For Petitioner : M/s.Shyamala R.T.

For Respondents : Mr.A.S.Balaji 1/4

ORDER

This Civil Revision Petition is filed against the order dated 20.08.2018 passed in IA.No.733 of 2018 in OS.No.226 of 2017 on the file of the District Munsif Court at Nagapattinam, thereby dismissing the petition to implead the petitioner as party to the suit. 2.

The respondents filed suit for bare injunction against four persons. While pending suit, the petitioner filed petition to implead himself as party to the suit. The case of the respondents herein is that the suit properties are their absolute property after getting the release deed from other brothers, thereby relinquished their rights. Thereafter, they filed suit without adding the petitioner as one of the party as against the defendants as if they are interfering with the peaceful possession and enjoyment of the property. If the petitioner claims title over the property, he can very well file separate suit as against the respondents herein. When the respondents herein filed suit for bare injunction as against other defendants, the petitioner is not necessary party to the present suit. Therefore, the court below rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the court below.

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3. Accordingly, this civil revision petition is dismissed. Consequently, connected miscellaneous petition is closed. No order as to costs.

27.07.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok To The District Munsif Court at Nagapattinam.

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G.K.ILANTHIRAIYAN,J.

lok 27.07.2021 4/4