R.Rajesh, S/O.Ramasamy v. N.P.Ramasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD)No.1889 of 2018 and C.M.P.(MD)No.8202 of 2018 R.Rajesh

...Petitioner/Petitioner/3rd Party

Vs 1.N.P.Ramasamy ...1st Respondent/1st Respondent/ Plaintiff 2.P.Ramasamy ...2nd Respondent/2nd Respondent/ Defendant Prayer: Civil Revision Petition - filed under Article 227 of the Constitution of India, to call for the records resulting in the impugned fair and decreetal order passed in I.A.No.121 of 2018 in O.S.No.162 of 2012 dated 22.06.2018 on the file of the District Munsif Court, Andipatti and to set aside the same as illegal. For Petitioner: Mr.C.Sundaravadivel

ORDER

The petitioner herein wanted to get impleaded in O.S.No.162 of 2012 on the file of the District Munsif, Andipatti. The said suit was instituted by the first respondent herein against the second respondent seeking relief of permanent injunction. During the pendency of the suit, the second respondent herein, who is none other than the revision petitioner's father executed a settlement deed in favour of the revision petitioner. This necessitated the institution of another suit filed by the first respondent herein, in which, the revision petitioner has been made as a party. Therefore, the revision petitioner wanted to get impleaded in O.S.No.162 of 2012 also. The said application was dismissed by the Court below. Questioning the same, the civil revision petition has been filed.

2. Heard the learned counsel appearing for the revision petitioner, who reiterated the contentions set out in the memorandum of the grounds.

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3. I am unable to agree with the submissions of the learned

counsel appearing for the revision petitioner. As rightly pointed out by the Court below, this is only a suit for permanent injunction. The first respondent has sought some reliefs against the second respondent only. No relief has been sought against the petitioner herein. Therefore, any order or decree passed in O.S.No.162 of 2012 will not affect the rights of the revision petitioner herein. The Court below rightly dismissed the said I.A.No.121 of 2018 in O.S.No.162 of 2012. I do not find any reason to interfere with the order passed by the Court below. Therefore, the civil revision petition stands dismissed. No costs.

Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-III) To The District Munsif, Andipatti SM BU/RP/SAR-III:09.10.2018 : 2P/2C Order made in C.R.P.(MD)(PD)No.1889 of 2018 03.09.2018 https://hcservices.ecourts.gov.in/hcservices/