P.Murugaraj v. Veerasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[PD](MD)No.1823 of 2025 and C.M.P.(MD)No.10021 of 2025 P.Murugaraj

...Petitioner

Vs.

1.Veerasamy 2.Kalimuthu 3.Selvapratheesh

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and Ex-order dated 05-03-2025 made in I.A.No. 180 of 2025 in I.A.No. 505 of 2024 in O.S.No. 231 of 2024, on the files of the Sub Court, Oddanchatram and allow this Civil Revision Petition. For Petitioner : Mr.S.C.Herold Singh For Respondents 1 to 3 : Mr.S.Sades Kumar 1/6

O R D E R

This petition has been filed seeking to set aside the fair and Ex-order dated 05.03.2025 made in I.A.No.180 of 2025 in I.A.No. 505 of 2024 in O.S.No. 231 of 2024, on the files of the Sub Court, Oddanchatram. 2.Learned Counsel for the petitioner would submit that the petitioner is the third party in O.S.No.231 of 2024. The said suit was filed by the first respondent / plaintiff for recovery of money as against the second and third respondents, in which the first respondent filed I.A.No.505 of 2024, for attaching the property. In the meanwhile, the petitioner purchased the property from the second and third respondent. However, the said property is the subject matter of the property in I.A.No.505 of 2024, for which the petitioner filed I.A.No.180 of 2025 for impleading the petitioner as party defendant in the suit. The same was dismissed by the trial Court. Challenging the same, the present Civil Revision Petition has been filed.

3.Learned Counsel for the petitioner would submit that in order to discharge the liability in respect of the property purchased by the petitioner, the petitioner is ready to deposit Rs.8,00,000/-, before the trial Court and this Court 2/6

may allow the petitioner to get impleaded as one of the party defendants before the trial Court and the amount may be disbursed after the disposal of the suit to the succeeding party.

4.Learned Counsel for the respondents have no serious objection for the same.

5.Heard the learned Counsel on either side and perused the materials available on record.

6.In view of the fair submission made by the learned Counsel for the petitioner, this Civil Revision Petition is allowed and the order passed by the trial Court in I.A.No.180 of 2025 is set aside. The petitioner is directed to deposit a sum of Rs.8 Lakhs before the trial Court. Upon receipt of the proof of deposit, the trial Court shall implead the petitioner as one of the party defendants. However, it is made clear that the amount deposited may be disbursed to the succeeding party, after the disposal of the suit. 3/6

7.Accordingly, this Civil Revision Petition stands allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

04.08.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Sub Court, Oddanchatram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

MR C.R.P.(MD)No.1823 of 2025 04.08.2025 6/6