B. Ravichandran v. A. Seethalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P.(MD).No.708 of 2017 and C.M.P.(MD) No.3192 of 2017 B.Ravichandran ... Petitioner/Petitioner/ Proposed Defendant Vs.

1. A.Seethalakshmi

2. A.Prince

3. A.Vinobha

4. A.Pradeep ... Respondents/1 to 4 Respondents/Plaintiffs

5. P.jawahar

6. J.Thilaga ... respondents/Respondents 5&6/Defendant Civil Revision Petition filed under Article 227 of Constitution of India, to call for the records and to set aside the Fair and Decreetal Order passed in I.A.No.354 of 2017 in O.S.No.16 of 2015 on the file of the Learned Additional District Munisif, Nanguneri dated 13.03.2017 by allowing this Civil Revision Petition and to order to implead the petitioner as defendant in O.S.No.16 of 2015 on the file of the Learned Additional District Munisif, Nanguneri.

For Petitioner : No appearance For Respondents : No appearance

ORDER

No representation for the petitioner. This Revision Petition has filed against the dismissal of the impleading petition filed by the revision petitioner in O.S.No.16 of 2015. The case of the revision petitioner is that the property in the suit jointly owned by Akbar Sundar and B.Ravichandran the petitioner herein and they inherited the same from one Balaiah Nadar as per the oral partition in the year 2000. Alleging that the schedule property belong exclusive to one Akbar Sundar, the present suit has been filed by the legal heirs of Akbar Sundar, averring that there was no oral partition between Akbar Sundar and revision petitioner. Therefore, according to the revision petitioner in the suit for declaration and other relief, as a co-owner, the revision petitioner is a necessary party. The impleading petition filed by the revision petitioner has been https://hcservices.ecourts.gov.in/hcservices/

opposed by the respondents on the ground that there was a Settlement Deed, dated 22.05.2013, which indicates that the revision petitioner has settled the property in favour of his son. In the said document, the revision petitioner has specifically stated that pursuance to the oral partition effected between him and Akbar Sundar, the suit property bearing Survey No.73/1A3 has been allotted to the petitioner and therefore, it is false to claim that there was no oral partition effected between Akbar Sundar and B.Ravichandran, the revision petitioner herein in respect of the property left behind by Balaiah Nadar. The Trial Court after perusing the said Settlement Deed, dated 22.05.2013, executed by the revision petitioner in favour of his son Bharath has held that it is an admitted document.

When there is a document executed by the revision petitioner himself admitting oral partition among the family members oral partition has been acted upon and settled the property in favour of his son in the year 2013, therefore, he is not entitled to get himself impleaded as a party in the present suit. The Trial Court has also found that from the document dated 22.05.2013 marked as Ex.R1 the suit property bearing Survey No. 73/1A3 has not been allotted to the petitioner and therefore he is not a necessary party to the proceedings.

4. This Court finds that the impugned order is challenged based on the document executed by the revision petitioner himself and when he himself has admitted oral partition between the legal heirs of Balaiah Nadar, the present application filed by the petitioner seeking to implead himself as party in the suit by suppressing the said oral partition and his own act of executing Settlement Deed, dated 22.05.2013 in favour of his son based on the oral partition deserves to be sustained .

5. Hence the Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. No order as to cost.

Sd/- Assistant Registrar (C) /True Copy/ Sub Assistant Registrar To The Additional District Munisif, Nanguneri.

+ 1 CC TO Mr.ANANTH C.RAJESH, ADVOCATE IN SR No. 51026 SM/CP TE/MR : 20/04/2017 : 2P/3C C.R.P.(MD).No.708 of 2017 and https://hcservices.ecourts.gov.in/hcservices/ C.M.P.(MD) No.3192 of 2017 07.04.2017