R.Loganathan v. S.Gopu
Case brief
What is this about?
Revision against order dismissing impleadment petition. P&T purchased mortgagee's share via sale deed, claiming status to proceed with suit for partition vs B. Corp., though lower court alleged conspiracy. Order quashed; lower court directed to dispose within six months.
What did the court decide?
The order of 31.10.2018 in I.A. 58 of 2018 is set aside. The civil court is directed to dispose of the suit within six months.
What the court decided
CRP.PD.No.3983 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P (PD).No.3983 of 2018
and
C.M.P.No.22073 of 2018
R.Loganathan ... Petitioner
Vs.
1. S.Gopu
2. A.S.Babu
3. The Branch Manager,
State Bank of India,
State Bank Premises,
Thatchur Road, Arani,
Thiruvannamalai District. ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal orders dated 31.10.2018 passed in I.A.No.58 of 2018 in O.S.No.49 of 2017 on the file of the Additional District and Sessions Court (Fast Track Court), Arani (O.S.No.44 of 2013 on the file of the District Court, Thiruvannamalai) in so far as the same are against the petitioner and allow the said I.A. as prayed for.
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CRP.PD.No.3983 of 2018
Issues for consideration
3 issues framed by the court
Whether the revision court should set aside the impugned order dismissing the petition to implead the petitioner as a necessary party given their status as successor in interest via a registered sale
Whether the civil court should proceed with the suit for partition and injunction within six months after quashing the interlocutory order.
Whether the rejection of the petitioner's impleadance application was arbitrary considering they lent money and purchased the first respondent's share in the suit property.
Parties & counsel
- petitioner
R. Loganathan
- respondent
S. Gopu
- respondent
A. S. Babu
- respondent
State Bank of India
Coram
Case details
As recorded by the court registry
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