Revision petitioner sought to set aside an order dismissing her application to implead as a defendant claiming property rights via Will. The High Court held the petition infructuous as the remedy lies in her pending appeal.
The civil revision petition stands disposed of with a direction to the petitioner to pursue her remedy in her pending appeal.
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.
C.R.P(MD)No.2131 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.11.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)No.2131 of 2023
R.Parvathi
... Petitioner /
7th proposed defendant
Vs
1.K.Pushpavalli
M.N.M.M.Palaniappan (died)
2.M.N.M.M.Ganesan 3.N.Ramalakshmi Alias Radha 4.A.R.Muthumani ... Respondent Nos. 1 to 4 / Plaintiff
Meyyappan (died)
5.Ramanathan
6.R.Vasanthamala
7.M.Meenakumari
8.V.Roja ... Respondent Nos.5 to 8 / Respondent Nos.8 to 10 / 1 to 6 defendants
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C.R.P(MD)No.2131 of 2023
Prayer : This Civil Revision Petition is filed under Section 115 of Civil Procedure Code to set aside the order and decreetal order dated 06.01.2023 made in I.A.No.5 of 2022 in O.S.No.19 of 2010 on the file of the Additional District Judge, Sivagangai.
For Petitioner : Mr.B.Muruganandam For R8 : Mr.N.Tamilmani
ORDER
This Civil Revision Petition is filed to set aside the order and decreetal order dated 06.01.2023 made in I.A.No.5 of 2022 in O.S.No.19 of 2010 on the file of the Additional District Judge, Sivagangai.
by the plaintiffs namely respondents 1 to 4 herein, seeking the relief of declaration that they are entitled for 4/8th share in the suit property, for permanent decree, for partition and for cost. The defendants appeared and when the suit was pending for trial, I.A.No.5 of 2022 was taken out by this revision petitioner to implead himself as a party defendant, namely as 7th defendant stating that it is a collusive suit between the plaintiffs and the defendants, by virtue of Will dated 27.12.2019, she was bequeathed with the property and neither the plaintiff nor the defendant
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C.R.P(MD)No.2131 of 2023
have any right in the property. That petition came to be dismissed by the trial Court by order dated 06.01.2023, recording that there was no representation for the revision petitioner. Against which this Civil Revision Petition is preferred.
21.11.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn
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C.R.P(MD)No.2131 of 2023
G.ILANGOVAN, J.
pnn
To
1.The Additional District Judge, Sivagangai.
ORDER IN C.R.P(MD)No.2131 of 2023
21.11.2024
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1 issue framed by the court
Whether the civil revision petition for setting aside an interlocutory order is maintainable when the petitioner has already preferred an appeal against the underlying decree.
R.Parvathi
1.K.Pushpavalli
M.N.M.M.Palaniappan (died)
M.N.M.M.Ganesan
N.Ramalakshmi Alias Radha
A.R.Muthumani
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
