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Madras High CourtCRP(MD)/291/2023dismissed

A.Mathu, v. P.V.Raveendran

2023-02-08Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.1402 of 2023 A.Mathu ... Petitioner/ Petitioner Vs.

1.P.V.Raveendran 2.R.Srinath 3.Maria Puravince of S.A.D.

... Respondents/Respondents PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in I.A.No.3 of 2022 in A.S.No.4 of 2022 on the file of Sub Court, Periyakulam by allowing this Civil Revision Petition. For Petitioner : Mr.Raja Karthikeyan For R3 : Mr.A.Siva Subramanian 1/4

ORDER

The third party to a suit had filed an application in a pending first appeal seeking to implead themselves on the ground that they have purchased the property from the defendants 1 and 2 pending suit for declaration of title and permanent injunction. The 1st appellate Court had rightly dismissed the said application on the ground that the proposed parties are pendente lite purchasers and they have no right to get themselves impleaded in the suit. According to the learned counsel appearing for the caveator, first appeal itself has been disposed of on 01.12.2022.

2. In view of the above said facts, nothing requires to be adjudicated in this revision petition Hence, this Civil Revision Petition stands dismissed. However, the proposed parties are at liberty to file second appeal with the leave of the Court, if they are so advised. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 08.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 2/4

To 1.The Sub Court, Periyakulam.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

gbg Order made in 08.02.2023 4/4