M. Muniyandi, v. P.Parameshwari,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).No.8402 of 2021 & 916 of 2022 M.Muniyandi

...Petitioner

Vs.

1.P.Parameshwari Prema (Died) 2.K.Jeyageetha 3.A.Latha 4.G.Uma 5.Jeyakannan 6.Sub-Registrar, Sub Registrar Office, Nilakottai.

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the fair and decreetal order dated 09.08.2021 in I.A.No.2 of 2020 in O.S.No.41 of 2009 on the file of the District Munsif, Nilakottai and set aside the same and allow this petition. For Petitioner : Mr.A.Sivasubramanian 1/5

For R-1 : Ms.B.Deepa For R-2 to R-4 : Mr.J.Lawrance For R-6 : Mr.B.Saravanan, Additional Government Pleader

ORDER

This petition has been filed seeking orders to set aside the fair and decreetal order dated 09.08.2021 made in I.A.No.2 of 2020 in O.S.No.41 of 2009 on the file of the learned District Munsif, Nilakottai.

2. The petitioner herein filed a suit in O.S.No.41 of 2009 before the learned District Munsif, Nilakottai, seeking declaration and permanent injunction as against respondent 2 to 7 and one another, in which, the first respondent filed a petition in I.A.No.2 of 2020 before the learned District Munsif, Nilakottai seeking to implead herself as a party in the proceedings on the ground that she had purchased the suit schedule property in the year 2000 and the said impleading petition was allowed on 09.08.2021. Challenging the same, the present Civil Revision Petition is filed.

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3. The learned counsel appearing for the petitioner would submit that the trial Court impleaded the first respondent as a party, and the observations made by the trial Court in that regard affect the interests of the parties.

4. The learned counsel appearing for the first respondent would submit that the very same petitioner had earlier filed a petition in I.A.No.4 of 2023 before the concerned Court seeking to implead the first respondent as the seventh defendant, and that the present application is contrary to the said earlier Interlocutory Application and, therefore, this petition is not maintainable.

5. This Court, without going into the merits of the matter, grants liberty to the petitioner to canvass all the points raised in this petition before the trial Court, uninfluenced by any of the observations made in the Interlocutory Application.

6. Accordingly, this Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 12.06.2025 Internet:Yes/No Index:Yes/No TSG 3/5

To 1.The District Munsif, Nilakottai.

2.The Sub-Registrar, Sub Registrar Office, Nilakottai.

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

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M.DHANDAPANI , J.

TSG 12.06.2025 5/5