Madras High Court
Chandra vs Rajendran(Died) on 8 February, 2024
Author: G. Ilangovan
Bench: G.Ilangovan
C.R.P(MD)No.2796 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
C.R.P(MD)No.2796 of 2023
and C.M.P(MD)No.14605 of 2023
Chandra ...Petitioner/4th Respondent/4th Defendant
Vs.
1.Rajendran(died)
2.Mahendran (died)... Respondents/Petitioners/Defendants 1 &2
3.Jegadeeswari .. 3rd Respondent/1st Respondent/Plaintiff
4.R.Muthalvan
5.Thiruvalan ... Proposed Respondents 4 & 5
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, as against the fair and decreetal order dated
07.01.2023 made in I.A.No.310 of 2019 in O.S.No.16 of 2007 on
the file of the learned Subordinate Judge, Uthamapalayam.
For Petitioner : Mr.P.Arun Jayatram
For R3 : Mr.N.Tamilmani
For R4 & R5 : Mr.R.A.Mohanram
1/6
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2796 of 2023
ORDER
This Civil Revision Petition is filed against the fair and
decreetal order dated 07.01.2023 made in I.A.No.310 of 2019 in
O.S.No.16 of 2007 on the file of the learned Subordinate Judge,
Uthamapalayam.
2. The suit in O.S.No.16 of 2007 was filed by the 3rd
respondent herein namely Jegadeeshwari for partition and separate
possession. Pending suit, I.A.No.310 of 2019 was filed by the
defendants 1 and 2/respondents 1 and 2 herein to exonerate the
petitioner/4th defendant from the suit and for impleading the
respondents 4 and 5 herein as legal representatives for the 2nd
defendant.
3. The learned Subordinate Judge, Uthamapalayam, by
taking 3 other petitions along with I.A.No.310 of 2009, has passed a
https://www.mhc.tn.gov.in/judis
common order dated 07.01.2023, allowed all the petitions without
assigning any reason.
4. The learned counsel for the petitioner/D4 would contend
that in I.A.No.310 of 2009, though it is stated that there is
compromise between the the respondents 1 and 2 herein/D1 & D2,
the same has been disputed by the petitioner/D4 in the counter
affidavit. The court below has not considered the said counter
affidavit and erroneously allowed I.A.No.310 of 2009 and
exonerated the petitioner in the suit. According to the learned
counsel for the petitioner, without considering the specific
averments made in the counter affidavit, the court below has passed
a non-speaking order and the same may be set aside by this Court.
5. The learned counsel appearing for the 3rd respondent/
plaintiff would fairly admit that the abovesaid mistake has been
committed by the trial court.
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6. Heard both sides and perused the materials available on
record.
7. Though it is stated that the petitioner/D4 has received share
through a proper deed and has released the rights, I am of the view
that upon passing final judgment, deleting one of the parties without
confirming the compromise between the parties may not be proper.
It appears that the compromise said to have been arrived between the
co-defendants. When it was objected by the petitioner, he has to be
retaken to the proceedings. For that purpose, the plaintiff is directed
to file a proper application to include this petitioner as the 4th
defendant in the suit, as originally stood.
8. In view of the oldness of the matter, there was a direction
for speedy disposal by this Court in the earlier occasion. The said
direction must be complied by the trial court.
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9. With the above directions, this Civil Revision Petition is
allowed and the order dated 07.01.2023 made in I.A.No.310 of
2019 in O.S.No.16 of 2007 on the file of the learned Subordinate
Judge, Uthamapalayam, is set aside. No costs. Consequently,
connected miscellaneous petition is closed.
08.02.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
CM
To
1.The Subordinate Judge,
Uthamapalayam.
2.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G. ILANGOVAN, J.
CM
and C.M.P(MD)No.14605 of 2023
08.02.2024
https://www.mhc.tn.gov.in/judis
