Rajendran vs P.Pandiarajan
2023 Latest Caselaw 1859 Mad

                                                                            C.R.P(MD)No.561 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 03.03.2023

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                           C.R.P(MD)No.561 of 2023
                                                    and
                                          C.M.P(MD)No.2634 of 2023

                     Rajendran                               ... Petitioner/Petitioner/
                                                                 3rd Party
                                                       Vs.
                     1.P.Pandiarajan

                     2.Mahalakshmi                       ... Respondents/Respondents 1&2/
                                                             Plaintiffs
                     3.The Commissioner,
                       Madurai Corporation,
                       Annak Maligai, Tallakulam,
                       Madurai.

                     4.The Town Planning Officer,
                       Madurai Corporation,
                       Annamaligai, Tallakulam,
                       Madurai.

                     5.The Assistant Commissioner,
                       Madurai, 1st Zone, T.B.Road,
                       Madurai.

                     6.The Assistant Town Planning Officer,
                       Madurai Corporation,
                       T.B.Road,
                       Madurai.                          ... Respondents/Respondents 3-6/
                                                             Defendants 1-3


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                     1/5
                                                                                  C.R.P(MD)No.561 of 2023

                     PRAYER: Civil Revision Petition is filed under Article 227 of
                     Constitution of India, to call for the records relating to the decree and
                     judgment dated 25.01.2023 passed by the learned Principal District
                     Munsif Court, Madurai Town in I.A.No.51 of 2020 in O.S.No.565 of
                     2019 and to set aside the same by allowing the civil revision petition.


                                         For Petitioner      : Mr.K.C.Ramalingam


                                                          ORDER

A third party to a suit for bare injunction had filed an application

under Order 1 Rule 10 of Code of Civil Procedure to get himself

impleaded.

2. The suit has been filed for permanent injunction in relation to

Survey No.6/1B1. According to the third party, he is the adjacent owner

and his survey number is 6/1B3. The plaintiff in the present suit is under

the guise of getting permanent injunction for Survey No.6/1B1 and he is

encroaching upon the adjacent survey number, namely Survey No.6/1B3.

Though the plaintiff in the suit had got building plan approval only for

Survey No.6/1B1, he has already encroached upon the adjacent survey

number belonging to the proposed party, namely Survey No.6/1B3. In

view of the above said facts, the proposed party/revision petitioner has

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C.R.P(MD)No.561 of 2023

already filed O.S.No.277 of 2019 for the prayer of declaration and

recovery of possession.

3. In the present suit, the third party has filed I.A.No.51 of 2020 to

get himself impleaded in a suit which has been filed for Survey No.

6/1B1. The trial Court has rightly dismissed the said application on the

ground that proposed party is not making any claim over Survey No.

6/1B1. This Court does not find any reason to interfere in the said order.

Any decree that is going to be passed in O.S.No.565 of 2019 will not be

binding upon the proposed party and he has to work out his remedy in his

suit, namely O.S.No.277 of 2019 which has been filed for declaration of

title and recovery of possession.

4. With these observations, this Civil Revision Petition stands

dismissed. No costs. Consequently, connected Civil Miscellaneous

Petition is closed.

                                                                                        03.03.2023
                     NCC              :    Yes / No
                     Index            :    Yes / No
                     Internet         :    Yes / No

                     gbg

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

C.R.P(MD)No.561 of 2023

To

1.The Principal District Munsif Court, Madurai Town.

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

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

C.R.P(MD)No.561 of 2023

R.VIJAYAKUMAR ,J.

gbg

Order made in C.R.P(MD)No.561 of 2023

03.03.2023

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