Madras High Court dismissed a Civil Revision Petition filed against an order impleading residents as necessary defendants in a suit for injunction regarding public property. The court held the impleaded parties were proper for determining property nature.
Civil Revision Petition dismissed; Court Below directed to complete proceedings within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP PD(MD)No.1016 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRP PD(MD)No.1016 of 2012
Anthoniammal ... Petitioner/Respondent/Plaintiff Vs.
1.The Commissioner, Thanjavur Municipality, Thanjavur. 2.The District Collector, Thanjavur District Thanjavur. ...Respondents 2 and 3/Respondents/Defendants 3.M.Sundaramoorthy, 4.T.Murugesan 5.A.Ravichandran ... Respondents f3 to 5/Petitioners/3rd Party
PRAYER : This petition is filed under Article 227 of Civil Procedure Code, against the decree and order, dated 08.03.2012, passed in I.A.No.39 of 2012 in O.S.No.181 of 2010, on the file of the District Munsif Court, Thanjavur.
For Petitioner : Mr.T.M.Madasamy For Respondent-1 : Mr.P.Srinivas For Respondent-2 : Mr.R.Sethuraman Addl.Govt.Pleader For Respondents : Mr.S.C.Herold Singh (R3 to R5)
O R D E R
This Civil Revision Petition has been filed against the fair and final order passed by the Court below, allowing an application filed under Order 1 Rule 10 of CPC., to implead respondents 3 to 5, as defendants in the suit. The petitioner is the plaintiff. The petitioner filed a suit against the Commissioner and the District Collector of Thanjavur, seeking for the relief of permanent injunction. The official respondents filed a written statement by taking a stand that the suit property is a public property, which is used as a scheme road by the inhabitants of Sundaram Pillai Nagar https://hcservices.ecourts.gov.in/hcservices/
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CRP PD(MD)No.1016 of 2012
and its extension.
// True Copy //
Sub Assistant Registrar(CS)
MPK
To The District Munsif, Thanjavur.
+1 CC to M/s.P.SRINIVAS, Advocate ( SR-89791[F] dated 26/09/2019 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-90319[F] dated 30/09/2019 )
CRP PD(MD)No.1016 of 2012 26.09.2019
MPK
https://hcservices.ecourts.gov.in/hcservices/ KK/SAR/18.10.2019/2P-4C/
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2 issues framed by the court
Whether there was any infirmity or illegality in the lower court's order impleading residents as necessary defendants.
Whether the proposed defendants were proper parties required for deciding the nature of the disputed property.
2 provisions across 2 enactments
Anthoniammal
The Commissioner, Thanjavur Municipality
The District Collector, Thanjavur District
M. Sundaramoorthy
T. Murugesan
A. Ravichandran
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
