Karumbachalam, v. Tamilselvi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventh day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CMP(MD) Nos.6155 and 6157 of 2022 in KARUMBACHALAM ... Petitioner / Respondent in both petitions Vs 1 TAMILSELVI ... 1st Respondent / Appellant in both petitions 2 MUTHUKARUPPAN 3 ARUMUGAM 4 KARUPPAYEE 5 RENGAN 6 KATHAN ... Respondents 2 to 6 / Proposed Respondents 2 to 6 in both petitions Prayer in CMP(MD). 6155/ 2022 :

To allow this petition for amendment directing the respondent / appellant/ plaintiff to amend the plaint in the suit by including below mentioned properties and thus render justice.

1/3

DESCRIPTION OF PROPERTIES Pudukottai District, Illuppur Taluk, Vilathuppatti Village 1.

537/6 Wet 0.06.5 Hectares 2.

537/10 Wet 0.38.5 Hectares 3.

534/45 Wet 0.08.5 Hectares 4.

531/129 Wet 0.01.0 Hectares 5.

532/62 Wet 0.05.5 Hectares 6.

533/81A Wet 0.01.0 Hectares 7.

533/89A Wet 0.07.0 Hectares 8.

533/80B Wet 0.01.0 Hectares 9.

533/1A Nanjai 0.04.5 Hectares 10.

533/108 "

0.05.5 Hectares 11.

533/109 "

0.07.0 Hectares 12.

533/84A "

0.02.5 Hectares 13.

533/83A "

0.01.0 Hectares Prayer in CMP(MD). 6157/ 2022 :

To implead the proposed respondents 2 to 6 as respondents 2 to 6 in the above appeal suit in A.S.No.116 of 2014 and pass such further or other orders as this Hon`ble Court may deem fit and proper in the nature and circumstances of the case and thus render justice.

Prayer in AS(MD) No.116 of 2014:

To set aside the judgment and decree in O.S.No.54 of 2012 on the file of the Principal District Judge, Pudukkottai regarding fraction of share and decree the suit as prayed for by allowing this appeal.

COMMON ORDER : These civil miscellaneous petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. PT. THIRAVIAM, Advocate for the petitioner and of Mr.N.BALAKRISHNAN, Senior Counsel for Mr.R.PARANJOTHI, Advocate on behalf of the Respondents, the Court made the following order:- 2/3

[Order of the Court was made by P.VELMURUGAN, J.] The proposed respondents are neither necessary parties nor proper parties to decide the issue involved in the Appeal Suit. Therefore, these petitions are dismissed. However, the proposed respondents are at liberty to workout their remedy in the manner known to law.

sd/- 07/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

YUVA To The Principal District Judge, Pudukkottai.

ORDER

IN CMP(MD) Nos.6155 and 6157 of 2022 in Date :07/08/2024 ED/ GS /SAR- (13/08/2024) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3