Madras High CourtCRP(MD)/2481/2022dismissed

Abdul Wahab, v. L.K.S.M. Jawahar Beevi,

2022-12-12Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.12188 of 2022 1.Abdul Wahab 2.A.Shyed Fathu : Petitioners Vs.

1.L.K.S.M.Jawahar Beevi 2.L.K.M.A.Mohammed Nawab Hussain : Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records pertaining to the fair and decreetal order dated 11.08.2022 passed by the I Additional District Court, Tirunelveli, in I.A.No.9 of 2021 in O.S.No.136 of 2008 and set aside the same. For Petitioners : Mr.G.Prabhu Rajadurai ***** 1/4

ORDER

The petitioners have filed an application under Order 1 Rule 10 CPC in I.A.No.9 of 2021 to implead themselves as parties in O.S.No.136 of 2008, stating that they are also necessary parties to the suit. The suit was filed by the respondents / plaintiffs for the relief of partition in the year 1972 [O.S.No.25 of 1972]. Now, it has been transferred and renumbered as O.S.No.136 of 2008 and pending before the I Additional District Court, Tirunelveli. The trial Court, by order dated 11.08.2022, dismissed the interlocutory application holding that when the issue was pending before this Court in CRP.No.557 of 2003, the petitioners' father has also filed an application in MP(MD)No.2 of 2019 to implead himself as a party in O.S.No.

25 of 1972 and the same was rejected by this Court and now, the legal heirs are attempting to implead themselves as parties, after 37 years. Challenging this order, the petitioners have moved the instant revision petition. 2.Learned Counsel for the petitioners has not disputed the fact that the petitioners' father has made an attempt in M.P(MD)No.2 of 2019 in CRP.No.557 of 2003 to implead himself as a party in O.S.No.25 of 1972 and the same was rejected by this Court.

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3.Admittedly, that order has not been challenged and it became final. By placing reliance upon the same, the trial Court dismissed the interlocutory application and this Court does not find any error in the same. Accordingly, this civil revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition stands closed.

Index : Yes / No 12.12.2022 Internet : Yes gk To The I Additional District Judge, Tirunelveli.

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B.PUGALENDHI, J.

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