Madras High Court
N.Sampathkumar vs R.Rengasamy ...1St on 17 March, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R.P.(PD)(MD)No.795 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.03.2025
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(PD)(MD)No.795 of 2025
and
C.M.P(MD)No.4347 of 2025
N.Sampathkumar ...Petitioner/Claimant Petitioner/
3rd Party/3rd Party
Vs.
1.R.Rengasamy ...1st Respondent/1st Respondent/
Petitioner/Plaintiff
2.N.Natarajan ...2nd Respondent/2nd Respondent/
Respondent/Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to call for the records and set aside the fair and decreetal order dated
06.11.2024 in E.A.No.04 of 2023 in E.A.No.03 of 2022 in E.P.No.383 of 2018
in O.S.No.447 of 2016, on the file of the Principal Sub Court, Dindigul District,
and allow this Civil Revision Petition.
For Petitioner : Mr.H.Lakshmi Shankar
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C.R.P.(PD)(MD)No.795 of 2025
ORDER
A third party to O.S.No.447 of 2016, on the file of the Principal Sub
Court, Dindigul, has filed the present revision petition, wherein his request for
amendment of his claim petition filed under Order 21 Rule 99 has been
dismissed.
2.The first respondent herein as plaintiff had filed the above said suit for
the relief of specific performance. The suit was decreed and the decree holder
has filed E.P.No.383 of 2018, for taking delivery of the property. At that stage,
the sons of the defendant had filed E.A.No.3 of 2022.
3.The claim petitioner claims that he is having 1/2 shares in the suit
schedule properties on the basis of registered partition deed of the year 2006.
When this application was pending, the claim petitioner has filed E.A.No.4 of
2023, seeking amendment of the claim petition to incorporate the prayer for
partition and to declare that the judgment and decree in O.S.No.447 if 2006 is
null and void. This amendment application has been dismissed. Challenging the
same, the present revision petition has been filed.
4.According to the learned Counsel appearing for the revision petitioner,
an application under Order 21 Rule 99 has to be treated as suit. In such
circumstances, when ultimately,
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C.R.P.(PD)(MD)No.795 of 2025
petitioner is one of the co-owners with the defendant, it would be appropriate to
pass a preliminary decree for partition and therefore, the claim petitioner has
filed such an amendment application to incorporate the prayer for partition. He
further contended that when the claim petition is pending, a suit would be bad
in view of the provisions of C.P.C.
5.I have considered the submissions made on either side and perused the
materials available on record.
6.According to the revision petitioner, he is having ½ share in the suit
schedule properties and therefore, his father should not have executed the sale
agreement in favour of the plaintiff for the whole of the property. The main
object of Section under Order 21 Rule 99, is to protect the possession of the
person on the basis of his right to be in possession. However, no consequential
orders can be passed. In such circumstances, this Court is of the considered
opinion that the amendment application to amend the claim petition including
the prayer for partition is not sustainable.
7.In case, if the Court arrives at a finding that the revision petitioner is
having ½ share over the suit schedule properties, it is always be open to the
revision petitioner to file a suit for partition.
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C.R.P.(PD)(MD)No.795 of 2025
8.With the above said observations, this Civil Revision Petition stands
disposed of. No costs. Consequently, connected miscellaneous petition is also
closed.
17.03.2025
Internet:Yes/No
Index:Yes/No
RJR
To
The learned Principal Sub Judge, Dindigul District.
Copy to:-
The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
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C.R.P.(PD)(MD)No.795 of 2025
R.VIJAYAKUMAR, J.
RJR
C.R.P.(PD)(MD)No.795 of 2025
17.03.2025
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