Gomathi v. Balusamy
Case brief
What is this about?
This court dismissed a Civil Revision Petition challenging the Additional Subordinate Judge Karur order dismissing an application for impleadment. The court upheld the lower order finding collusion and lack of prima facie entitlement to property share.
What did the court decide?
The Civil Revision Petition is dismissed; the connected Miscellaneous Petition is closed.
What the court decided
C.R.P.(MD)No.2481 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.10.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.2481 of 2023 and C.M.P.(MD)No.12919 of 2023
Gomathi
... Petitioner/ Petitioner/ 3rd Party
Vs.
- Balusamy ... Respondent/ Respondent/ Petitioner/ Plaintiff
- D.Kesaan ... Respondent/ Respondent/ Respondent/ Defendant
Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the entire records pertaining to I.A.No.1 of 2021 in I.A.No.1 of 2020 in O.S.No.806 of 2020 pending on the file of the learned Additional Subordinate Judge, Karur and to set aside the order passed therein.
Issues for consideration
2 issues framed by the court
Whether the dismissal of the impleadment petition allowing third party Gombathi to claim a share in suit properties dismissed by the Subordinate Court is lawful.
Whether there was collusion between the petitioner and the second respondent in filing the impleadment application to secure half share in the property.
Parties & counsel
- petitioner
Gomathi
- respondent
Balusamy
- respondent
D.Kesaan
Coram
Case details
As recorded by the court registry
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