Single Judge High Court allowed Civil Revision Petition and impleaded petitioner as a party defendant in partition suit, setting aside lower court order, and directed expeditious disposal.
Application for impleading petitioner as party defendant allowed. Lower order set aside.
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C.R.P.(PD).No.858 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.(PD).No.858 of 2019 and
C.M.P.No.5576 of 2019
J.Radhakrishnan
... Petitioner
vs
1.S.N.Karthikeyan
3.R.Vasanthakumar
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C.R.P.(PD).No.858 of 2019
5.Karpagam Industries Pvt. Ltd., Rep. by its Managing Director, R. Vasanthakumar, S/o. R.Rajagopal, Hindu full aged, R/o Door No.14A, LIC colony, SIDCO, Kurichi, Coimbatore – 641 021.
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair order and decreetal order dated 04.01.2019 passed in I.A.No.715 of 2018 in O.S.No.705 of 2010 on the file of the V Additional District Judge, Coimbatore.
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C.R.P.(PD).No.858 of 2019
| For Petitioner | : Mr.K.M.Ramesh Senior Advocate for M/s.S.Apunu |
|---|---|
| For R1 | : Mr.P.Saravana Sowmiyan |
| For R2 to R5 | : Mr.K.Sukumaran |
| For R6 | : Mr.Roshan Atiq.M |
| For R9 and R10 | : Mr.C.Sathish Government Advocate |
| For R7 and R8 | : No Appearance |
| For R11 | : Batta Due |
ORDER
The Civil Revision Petition is filed challenging the order passed by the Court below dismissing the application filed by the petitioner/3rd party for impleading himself as a proposed 13th defendant in the suit.
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C.R.P.(PD).No.858 of 2019
party defendant. The said impleading application was dismissed by the Court below on the ground that the application has been filed after long time, when the suit is posted for recording defendants' side evidence.
case on hand, the 1st respondent/plaintiff has no serious objection for impleading the petitioner as a party defendant.
setting aside the fair and decreetal order passed by the Court below. The application in I.A.No.715 of 2018 filed for impleading the petitioner stands allowed.
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C.R.P.(PD).No.858 of 2019
Consequently, the connected civil miscellaneous petition is closed.
29.01.2024
Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
To
The V Additional District Judge, Coimbatore.
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C.R.P.(PD).No.858 of 2019
S.SOUNTHAR, J.
dm
C.R.P.(PD).No.858 of 2019
29.01.2024
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2 issues framed by the court
Whether to allow the impleading of the petitioner as a party defendant in a partition suit.
Whether to set aside the order dismissing the application for impleading.
J.Radhakrishnan
S.N.Karthikeyan
S.Narayanasamy
V.Damayanthi
R.Vasanthakumar
Karpagam Infrastructures Pvt. Ltd.
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
