Kalavathi vs Minor Balaji
2023 Latest Caselaw 1783 Mad

                                                                                    CRP(MD).No.544 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 02.03.2023

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                              CRP(MD).No. 544 of 2023
                                                       and
                                             C.M.P(MD).No.2594 of 2023


                     Kalavathi                         .. Petitioners/Appellant/Petitioner

                                                         Vs.

                     1.Minor Balaji
                       rep., by his next friend & Guardianship
                       Vijayagowri

                     2.T.Subramani
                     3.Vellaisamy                     .. Respondents1 to 3/Respondents1
                                                                       to3/Defendants 1 to 3

                     4.V.Pandiyaraj                   ... 4th Respondent/4th Respondent/
                                                                          Proposed party

                     PRAYER : Revision Petition filed under Article 227 of the Constitution
                     of India, to set aside the fair and decreetal order dated 20.12.2022 made
                     in I.A.No.3 of 2021 in A.S.No.17 of 2017 passed by the learned
                     Subordinate Court, Uthamapalayam, Theni District.


                     .              For Petitioners    : Mr.K.Sivabalan




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                                                                                      CRP(MD).No.544 of 2023



                                                        ORDER

The second defendant in a suit for partition is the revision

petitioner.

2. The suit for partition in O.S.No.209 of 2009 was decreed by

the trial Court on 09.01.2017. Challenging the same, the second

defendant, namely Kalavathi, had filed a first appeal in A.S.No.17 of

2017 before the Subordinate Court, Uthamapalayam. While the appeal

was pending for four years, I.A.No.3 of 2021 was filed by the appellant

to implead her husband as the second appellant in the appeal. The said

application was dismissed by the trial Court. Challenging the same, the

present Revision Petition has been filed.

3. A perusal of the affidavit filed in support of the impleading

application indicates that the second defendant had executed a registered

settlement deed in favour of her husband on 21.12.2016, when the trial

Court had posted the case for judgment. Based upon the said settlement

deed, the second defendant now seeks to implead her husband as the

second appellant in the appeal. Therefore, it is clear that the proposed

parties is a pendentilite purchaser when the suit was posted for judgment

https://www.mhc.tn.gov.in/judis

CRP(MD).No.544 of 2023

by the trial Court. Therefore, being a pendentilite purchaser, who was

aware of the suit, is not entitled to be impleaded in the suit. Therefore, I

do not file any infirmity in the order passed by the trial Court.

Accordingly, the Civil Revision Petition stands dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

                                                                         02.03.2023

                     Index        :     Yes / No
                     Internet     :     Yes / No
                     Rmk

                     To

The Subordinate Judge, Uthamapalayam, Theni District.

https://www.mhc.tn.gov.in/judis

CRP(MD).No.544 of 2023

R.VIJAYAKUMAR ,J.,

Rmk

Order made in CRP(MD).No.544 of 2023

Dated:

02.03.2023

https://www.mhc.tn.gov.in/judis