Muthu v. N.Alagammai

C.M.P.(MD)No.15348 of 2025 in W.A.(MD)SR No.67233 of 2025 DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner seeks grant of leave to challenge the order dated 29.04.2025 passed in WP(MD)No.12584 of 2025.

2. The writ petition had been filed by Alagammai, who was the respondent / defendant in SA.No.508 of 2002. The petitioner before us is aggrieved by the fact that the prayer in the writ petition concerns various properties, including the property in S.No.196/23, in which he states that he is running a tea shop. The petitioner is one Muthu, S/o.Veeraiah, appellant / plaintiff in SA(MD)No.508 of 2022.

3. A perusal of the judgment dated 13.12.2021 reveals findings to the effect that it is the plaintiff, who was in possession of the tea shop in S.No. 196/23. In conclusion, at para 16, the Court has granted permanent injunction as against the defendants in respect of Door No.3/9A in S.No.196/23. Hence we are 1/3

of the view that the voice of the petitioner ought to have been heard in the writ petition, which was not possible, as he had not been arrayed as a party in the writ petition. This Miscellaneous Petition is ordered. Registry is directed to number the Writ Appeal, if it is otherwise in order and list the same for admission. [A.S.M.J.,] & [C.K.J.,] sm 18.09.2025 2/3

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

sm C.M.P.(MD)No.15348 of 2025 in W.A.(MD)SR No.67233 of 2025 18.09.2025 3/3