Dismissed

N.Thayasowmi v. S.Ariramakrishnan

Madras HC5 Jul 2023CRP(MD)/2267/2017

Case brief

AI extract

What is this about?

The Madras High Court dismissed civil revision petitions challenging orders rejecting applications to implead legal heirs of a previous property divider. The bench upheld the trial court's view that such heirs are not proper parties when the suit concerns the property of a divided son whose relatives do not challenge the prior partition.

What did the court decide?

The civil revision petitions were dismissed. No costs were awarded. The connected miscellaneous petition was closed.

N.Thayasowmi Vs S.Ariramakrishnan — Partition | Madras HC (2023)

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C.R.P(MD)Nos.2267 and 2268 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.07.2023

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CORAM

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THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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C.R.P(MD)Nos.2267 and 2268 of 2017 and C.M.P(MD)No.11030 of 2017

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C.R.P(MD)No.2267 of 2017

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N.Thayasowmni

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...Petitioner/Petitioner/ Plaintiff

Vs.

1.S.Ariramakrishnan

2.M.Navarethinamony

3.Sherma Sureka (Minor)

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4.Anu Nerthika (Minor)

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5.Arunsuhesh (Minor)

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...Respondents/Respondents/ Defendants

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(The respondents 3 to 5 are minor, represented by their natural guardian and next friend their mother namely Rajathi @ Anna Vadivoo)

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.522 of 2015 in O.S.No.76 of 2015 dated 08.12.2016 on the file of the Principal Sub Court, Nagercoil.

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

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C.R.P(MD)Nos.2267 and 2268 of 2017

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For Petitioner : Mr.H.Arumugam

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For R1 : Mr.K.P.Narayanakumar

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C.R.P(MD)No.2268 of 2017

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N.Thayasowmni ...Petitioner/Petitioner/ Plaintiff

Vs.

1.S.Ariramakrishnan

2.M.Navarethinamony

3.Sherma Sureka (Minor)

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4.Anu Nerthika (Minor)

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5.Arunsuhesh (Minor) ...Respondents/Respondents/ Defendants

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(The respondents 3 to 5 are minor, represented by their natural guardian and next friend their mother namely Rajathi @ Anna Vadivoo)

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.523 of 2015 in O.S.No.76 of 2015 dated 08.12.2016 on the file of the Principal Sub Court, Nagercoil.

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For Petitioner : Mr.H.Arumugam For R1 : Mr.K.P.Narayanakumar

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

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C.R.P(MD)Nos.2267 and 2268 of 2017

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COMMON ORDER

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CRP(MD)No.2267 of 2017 has been filed against the order passed by the Principal Sub Court, Nagercoil in I.A.No.522 of 2015 in O.S.No. 76 of 2015 dated 08.12.2016 filed under Order 1 Rule 10 of C.P.C.

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CRP(MD)No.2268 of 2017 has been filed against the order

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passed by the Principal Sub Court, Nagercoil in I.A.No.523 of 2015 in O.S.No.76 of 2015 dated 08.12.2016 filed under Order 6 Rule 7 of C.P.C.

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According to the petitioner, the subject matter of the partition

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suit originally belongs to one late Muthu Nadar, father of the second respondent/second defendant. The proposed parties are the other legal heirs of late Muthu Nadar. Therefore, when the subject matter is in respect of an ancestral property, the other legal heirs of Muthu Nadar, who are the proposed parties needs to be impleaded.

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The learned counsel for the first respondent objected the

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application on the ground that the properties of Muthu Nadar have already been partitioned, and the subject matter of the suit is only in

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C.R.P(MD)Nos.2267 and 2268 of 2017

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respect of the second respondent/second defendant, who is the divided son of the Muthu Nadar. Therefore, the impleadment of the other legal heirs of Muthu Nadar have no relevance as this suit is only in respect of the property of the divided son. Therefore, they are not proper and necessary parties to the proceedings. The learned Trial Judge has gone into the materials in depth and ultimately dismissed the application.

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But going through the plaint, this Court did not find any

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challenge towards the earlier partition and therefore, this Court is of the firm view that in a suit for partition between the heirs of one divided son, the legal heirs of the other divided son are not necessary and proper party. Therefore, the very order passed by the learned Trial Judge in I.A.No.522 of 2015 is legally sound and this Court do not find any ground to interfere with the well reasoned order.

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The petitioner/plaintiff has also filed an amendment application in I.A.No.523 of 2015 to make an amendment as per the order in I.A.No. 522 of 2015. Now that the dismissal of impleading application is confirmed. Therefore, there is no scope arise for any amendment. Thus, the order passed in the amendment application is also liable to be confirmed.

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C.R.P(MD)Nos.2267 and 2268 of 2017

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In the result, these civil revision petitions stand dismissed. No

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costs. Consequently, the connected miscellaneous petition is closed.

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05.07.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No sn

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1.The learned Principal Sub Judge, Nagercoil.

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

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C.R.P(MD)Nos.2267 and 2268 of 2017

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C.KUMARAPPAN,J.

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C.R.P(MD)Nos.2267 and 2268 of 2017

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05.07.2023

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N.Thayasowmi v. S.Ariramakrishnan

Case brief

What is this about?

What did the court decide?

N.Thayasowmi v. S.Ariramakrishnan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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