Madras High Court
C.Rajamanickam vs K.Loganathan on 14 July, 2021
C.R.P.(PD) No.2650 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) No.2650 of 2018
and C.M.P.No.15822 of 2018
C.Rajamanickam ... Petitioner
Vs
1.K.Loganathan
2.Balasubramaniam ... Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution
of India, against the fair and decreetal order dated 20.07.2018 made in
I.A.No.268 of 2018 in O.S.No.1076 of 2013 on the file of I-Additional
District Munsif Court at Salem.
For Petitioner : Mr.T.L.Thirumalaisamy
For Respondents : Mr.L.Mouli for R1
R2 - Notice Served No Appearance
**********
1/5
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD) No.2650 of 2018
ORDER
This Civil Revision Petition is filed against the fair and decreetal
order dated 20.07.2018 made in I.A.No.268 of 2018 in O.S.No.1076 of
2013 on the file of I-Additional District Munsif Court at Salem, thereby
dismissing the application to implead the petitioner herein as one of the
defendants in the suit.
2. The first respondent herein is the plaintiff and the second
respondent and another are the defendants in the said suit. The first
respondent herein filed the said suit for declaration declaring the suit
property in favour of the first respondent as well as the second respondent
as joint ownership.
3. Pending the suit, the petitioner herein filed an application to
implead himself as a defendant in the suit for the reason that even according
to the first respondent herein 'B' Item of the suit property is derived from
common ancestor of Arthanari Gounder. The said Arthanari Gounder had
four sons. Therefore, the petitioner herein is also entitled to half share in the
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD) No.2650 of 2018
suit property. But, without impleading the petitioner herein, the respondents
1 and 2 herein collusively filed a said suit.
4. A perusal of the records revealed that the petitioner came to
understand about the pendency of the said suit even in the year 2014 itself.
After filing the written statement by the second respondent herein, when the
suit was posted for defendants' evidence the application came to be filed.
5. The learned counsel for the first respondent herein would submit
that now the suit is posted for Judgment on 16.07.2021. That apart, except
mere averments made in the affidavit, the petitioner failed to produce any
documents to show that he is also having right to the suit property.
6. Therefore, the Court below rightly dismissed the application and
this Court finds no infirmity or illegality in the order passed by the Court
below.
7. However, the petitioner herein is at liberty to work out his remedy
in a manner known to law.
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C.R.P.(PD) No.2650 of 2018
8. Accordingly, this Civil Revision Petition is dismissed.
Consequently, the connected miscellaneous petition is dismissed. No order
as to costs.
14.07.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
To
The 1st Additional District Munsif Court,
Salem.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD) No.2650 of 2018
G.K.ILANTHIRAIYAN. J,
rna
C.R.P.(PD) No.2650 of 2018
and C.M.P.No.15822 of 2018
14.07.2021
https://www.mhc.tn.gov.in/judis/
