Madras High Court
M.Shanmugam vs Gunasekaran on 29 April, 2021
CRP (NPD) No.2931 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP (NPD) No.2931 of 2018
and CMP.No.14704 of 2018
M.Shanmugam ..Petitioner
Vs.
1.Gunasekaran
2.Vasantha
3.Alamelu
4.Saraswathi
5.Sathiamoorthi
6.Sumathi
7.Saranya
8.Suganya
9.Desia Kumar
10.Sub Registrar,
Uthangarai,
Krishnagiri District ..Respondents
Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure
Code, to set aside the docket order dated 16.11.2017 and 02.02.2018 in
A.S.(SR) No.7315 of 2017 on the file of the District Court, Krishnagiri against
Judgment and Decree in O.S.No.32 of 2015 dated 23.06.2017 on the file of Sub
Court, Uthangarai and direct the District Court, Krishnagiri allow the CMP
(SR) No.7314 of 2015 and also to direct the District Court, Krishnagiri to
number the A.S(SR) No.7315 of 2017.
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1/5
CRP (NPD) No.2931 of 2018
For Petitioner : Mr.I.Murugan
For R1 : Mr. K.Thiruvengadam
For R2 to R10 : Given up
ORDER
The petitioner is the proposed party in the suit filed by the first
respondent as against the other respondents for partition. In the said suit, the
petitioner claimed to be one of the share holders and filed a petition to implead
him as a party. Subsequently, it was withdrawn by force. Therefore, the
petitioner also filed a suit for partition against the very same parties in
O.S.No.77 of 2015 and the same was also decreed. To avoid the conflict of
interest, the petitioner filed a suit in O.S.No.32 of 2015. The petitioner is
permitted to file an appeal as against the Judgment and Decree passed in
O.S.No.32 of 2015 on the file of the Sub Court, Uthangarai. However, the
appeal is returned as not maintainable, since, the petitioner is not a party to the
suit and directed to pursue the suit filed by him in O.S.No.77 of 2015.
Admittedly, the suit in O.S.No.77 of 2015 also decreed for the very same
property for partition. Therefore, to avoid the conflict of interest in both the
decree, the petitioner can be permitted to file an appeal as against the Judgment
and Decree passed in O.S.No.32 of 2015. Accordingly, the petitioner is
directed to represent the appeal suit, within a period of two weeks from the date
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CRP (NPD) No.2931 of 2018
of receipt of this order and the Appellate Court is directed to consider the
application for permitting him to file an appeal suit on merits and in accordance
with law.
2. With the above direction, the Civil Revision Petition is disposed of.
Registry is directed to return the original papers to the counsel on record,
forthwith.
29.04.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
lpp
To
1.The District Judge,
Krishnagiri
2.The Sub Judge,
Uthangarai.
https://www.mhc.tn.gov.in/judis/
CRP (NPD) No.2931 of 2018
G.K.ILANTHIRAIYAN.J,
lpp
CRP (NPD) No.2931 of 2018
https://www.mhc.tn.gov.in/judis/
CRP (NPD) No.2931 of 2018
29.04.2021
https://www.mhc.tn.gov.in/judis/
