Madras High CourtCMP(MD)/5085/2026ordered

L.Muthukrishnan v. P. Gunasekaran

2026-04-15Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 15.04.2026

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in C.M.A(MD)No.1458 of 2025 L.Muthukrishnan : Petitioner Vs.

1.P.Gunasekaran 2.L.Nandagopal Yadav 3.Yadhavar Kalvi Nidhi, A Registered Society, (Reg.No.85/1962) running Yadhava College & Yadhava College of Education, Represented through its Secretary, Govindarajan Campus, Tirupalai, Madurai 625 014.

4.The Director of Collegiate Education, Institute of Advanced Study in Education Campus, 577, Anna Salai, Saidapet, Chennai 600 015.

5.The Joint Director of Collegiate Education Madurai Region, Palam Station Road,Madurai 625 002.

Madurai District.

6.R.V.N.Kannan Yadav : Respondents 1/3

PRAYER C.M.P.(MD)No.5085 of 2026 : Civil Miscellaneous Petition filed under Order 1 Rule 10(2) of C.P.C., to implead the petitioner and rank the petitioner as proposed respondent No.5 in CMA(MD)No.1458 of 2025. PRAYER C.M.A(MD)No.1458 of 2025 : Civil Miscellaneous Appeal filed under Order 43 Rule 1 (r) of C.P.C., against the fair and executable order passed in I.A.No. 6 of 2025 in O.S.No.472 of 2025, dated 30.10.2025 on the file of the VI Additional District Court, Madurai.

For Petitioner : Mr.A.B.Jeeva For Respondents : Mr.M.Ponniah, for R1 and R2. : Mr.E.V.N.Siva, for R3 and R6.

: Mr.A.Oliraja, Government Advocate (Civil Side) for R4 & R5.

ORDER

The above application has been filed invoking Order 1 Rule 10 (2) of C.P.C., seeking orders to implead the petitioner as proposed 5th respondent.

2. The learned counsel for the petitioner would submit that the petitioner is the 12th defendant in the suit and the plaintiffs/respondents 1 and 2 herein filed an injunction petition in I.A.No.6 of 2025, without impleading the present petitioner and that since the petition was dismissed, the plaintiffs have preferred the present appeal. He would further submit that the presence 2/3

of the petitioner is very much necessary and his objections are to be heard in the appeal.

3. The learned counsel for the respondents 1 and 2 would submit that they are leaving it to the discretion of the Court. 4.The learned counsel appearing for the respondents 3 and 6 and the learned Government Advocate (Civil Side) appearing for the respondents 4 and 5 would submit that it is not necessary to implead the petitioner.

5. Considering the facts and circumstances of the case and also taking note of the fact that the petitioner is one of the defendants in the suit, this Court in inclined to allow this petition.

6. Accordingly, this petition is allowed. Registry is directed to carry out the necessary amendments in the papers and list the matter on 28.04.2026. 15.04.2026 das 3/3