N.S.Asan Aliyar v. R.Padmanaban

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)No.12416 of 2024 N.S.Asan Aliyar ... Petitioner / Petitioner / Plaintiff Vs.

1.R.Padmanaban 2.R.Baskaran 3.K.Radhika 4.K.Purushothaman 5.K.Radhe Sam ... Respondents / Respondents / Defendants 6.The Sub Registrar, Velipattinam, Ramanathapuram, Office at Vandikkara Street, Ramanathapuram Town.

7.The District Registrar, Ramanathapuram, Office at Vandikkara Street, Ramanathapuram Town.

8.The State represented by The District Collector, 1/4

Sethupathy Nagar, Ramanathapuram.

... Respondents / Respondents / Proposed Defendants Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records of the impugned fair and decreetal order in I.A.No.50 of 2023 in O.S.No.58 of 2021, on the file of the Additional District Judge, Ramanathapuram and quash the same and allow the Civil Revision Petition.

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.K.Balasubramani Special Government Pleader for R.6 to R.8

ORDER

Heard the learned counsel for the revision petitioner. 2.The plaintiff in O.S.No.58 of 2021 on the file of Additional District Judge, Ramanathapuram is the revision petitioner herein. The suit is one for recovery of money. The case of the plaintiff is that the vendees did not fully pay the sale consideration as set out in the sale deed. In this suit, the plaintiff filed I.A.No.50 of 2023 for impleading the jurisdictional Sub Registrar and others.

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3.The Court below vide order dated 18.02.2023 dismissed the IA. Questioning the same, this Civil Revision Petition has been filed. 4.The learned counsel for the revision petitioner reiterated all the contentions set out in the grounds of revision. 5.I am not swayed by the same. The authorities sought to be impleaded in the suit cannot in any way be called as proper or interested parties. The lis is essentially between the plaintiff on the one hand and the defendants D.1 to D.5 are the other. The Court below had given correct reasons for dismissing I.A.No.50 of 2023. Interference is not warranted.

6.This Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

11.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The Additional District Judge, Ramanathapuram.

2.The Sub Registrar, Velipattinam, Ramanathapuram, Office at Vandikkara Street, Ramanathapuram Town.

3.The District Registrar, Ramanathapuram, Office at Vandikkara Street, Ramanathapuram Town.

4.The District Collector, Sethupathy Nagar, Ramanathapuram.

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