Madras High CourtCRP(MD)/1951/2025dismissed

M.Kumar v. Balachandran(Died) 1. Nanthakumar

2025-07-18Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1951 of 2025 and CMP(MD) No.11213 of 2025 M.Kumar ... Petitioner Vs Balachandran (Died)

1. Nantha Kumar,

2. Jeganathan

3. Mathusuthanan

4. Kesavan

5. Deenadayalan

6. Amudhavalli

7. Shoba

8. L.Balamurugan

9. The Idol of Sri Renganathaswamy, Srirangam, Trichy, Rep by the Executive Officer / Joint Commissioner, Office at Devasthanam, 1/5

Sri Renganathaswamy Temple, Srirangam, Trichy.

10. The Idol of Arulmigu, Prasanna Venkatachalapathy Temple Gunaseelam, Musiri Taluk, Trichy Rep.By Hereditary Trustee, Gunaseelam, Musiri Taluk,Trichy.

11. The Idol of Pundarikaksha Pe, Rumal Thiruvallarai, Manachanallurtaluk, Rep.By Executive Officer / Joint Commisioner, Arulmigu Sri Renganathaswamy Temple, Srirangam..

12. K.K.V.Annan Thiruvenkatachaiaar, Keela Uthiraveethi, Annan Thirumalaigai, Srirangam,Trichy..

... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of The Constitution of India against the order made in I.A.No.7/2025 in O.S.No. 166/2009 on the file of I Additional District Judge (PCR) Trichy, dated 04.06.2025.

For Petitioner : Mr.J.Bharathan

ORDER

The Civil Revision Petition is filed against the order made in I.A.No.7/2025 in O.S.No.166/2009 on the file of I Additional District Judge (PCR) Trichy, dated 04.06.2025.

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2. The respondents 1 to 7 are the plaintiffs in OS No.166/2009 on the file of the I Additional District Judge (PCR) Trichy. They filed an application under Section 92 of the Code of Civil Procedure for alienation of the trust property. The said suit was decreed on 14.07.2011 and on the basis of the decree, the petitioner purchased the property from the respondents 1 to 6. Thereafter, aggrieved by the same, the 9th respondent filed an appeal before this Court in AS No.209/2011 and the said appeal was allowed on 20.06.2017, in and by which, this Court set aside the sale in favour of the petitioner. Against the same, the petitioner preferred an appeal before the Apex Court and the Apex Court has granted interim relief to the petitioner and the same was subsequently dismissed and the suit was restored to file and after restoration of the suit, the petitioner filed impleading petition in IA No.7/2025 and the same was dismissed. Challenging the same, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that the trial Court arrived at a conclusion that the petitioner is not a necessary party, as the earlier sale was set aside by this Court and on the sole ground, the 3/5

IA was dismissed. However, the learned counsel would submit that this Court may grant liberty to the petitioner to approach the Apex Court.

4. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

5. In view of the submission now made by the learned counsel for the petitioner, this Civil Revision Petition is dismissed with liberty to the petitioner to redress his grievance by approaching the Apex Court for appropriate relief. No costs. Consequently connected Miscellaneous Petition is closed.

18.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The I Additional District Judge (PCR) Trichy 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.1951 of 2025 Date : 18/07/2025 5/5