Madras High CourtCMP(MD)/1977/2022allowed

D.Pushpavalli v. R.Janakiraman

2022-03-17Honourable Ms Justice R.N.Manjula2 pages

A.S(MD) No.37 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventeenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA C.M.P(MD)Nos.1977 of 2022 & 2389 of 2017 in A.S(MD) No.37 of 2017 CMP(MD) No.1977 of 2022 :

1. D.PUSHPAVALLI

2. D.SENTHILKUMAR

3. D.SATHISH ... PETITIONERS/PROPOSED RESPONDENTS NO.4 TO 6 Vs

1. R.JANAKIRAMAN ... 1st RESPONDENT/APPELLANT

2. S.UMARANI

3. V.DHANALAKSHMI

4. S.SURIYAKALA ... RESPONDENTS 2 TO 4/ RESPONDENTS 1 TO 3 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to IMPLEAD the petitioners as the proposed respondents No. 4 to 6 in A.S(MD) No. 37 of 2017 on the file of this Honourable Court. CMP(MD) No.2389 of 2017 :

R.JANAKIRAMAN ... PETITIONER/APPELLANT Vs

1. S.UMARANI

2. V.DHANALAKSHMI

3. S.SURIYAKALA ... RESPONDENTS/RESPONDENTS To grant an order of interim injunctin restraining the respondents, their men and agents from in any manner demolishing or altering the Physical features of the suit property which is the subject matter in the suit in OS.No.83 of 2011, on the file of VI Additional District Court, Madurai, till the disposal of this appeal.

Prayer in AS(MD). 37/2017 :

Pleased to reverse and set aside the judgment and decree in O.S.No.83 of 2011, on the file of VI Additional District Court, Madurai dated 07.11.2016.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

A.S(MD) No.37 of 2017 ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.AN.RAMANATHAN, Advocate for the petitioners in CMP(MD) No.1977 of 2022 and MR.V.RAGHAVACHARI, Advocate for the Petitioner in CMP(MD) No.2389 of 2017, the court made the following order:- CMP(MD) No.1977 of 2022 has been filed to implead the petitioners as proposed respondents 4 to 6 in A.S(MD) No.37 of 2017, on the file of this Court.

2.The learned counsel appearing for the proposed respondents submits that they have purchased the suit property after the decree was passed in favour of his vendor, thinking that the litigation has come to an end. It is further submitted that at the time of purchase, they were not aware of the appeal proceedings. 3.In order to avoid future technicalities and to give finality to the litigation, I feel that the petition should be allowed.

4.Registry is directed to carry out necessary amendment and post the Appeal Suit on 29.03.2022, under the caption for "final hearing dated cases".

5.Since the Appeal Suit itself is posted for final hearing, CMP(MD) No.2389 of 2017 is closed.

sd/- 17/03/2022 / TRUE COPY / 28/03/2022 Sub-Assistant Registrar (C.S-III) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE VI ADDITIONAL DISTRICT JUDGE, MADURAI.

+1 CC to M/s.V.RAGHAVACHARI, Advocate (SR-2274[I] dated 21/03/2022) ORDER IN C.M.P(MD)Nos.1977 of 2022 & in A.S(MD) No.37 of 2017 Date :17/03/2022 vrn USK/PN/SAR-III/28.03.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2