S.R.Charles Balavendar Reddy Vs K.S.Raghupathi

Prayer : This petition to allow the above CRP and set aside the Fair Order and Decreetal Order dated 29.03.2019 passed in IA No.2434/2017 in OS No.838/2015, on the file of XVII Asst City Civil Court, Chennai.

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For Petitioner(s): Mr.Govind Chandrasekar For Respondent(s): Ms.R.Aparna (R1) Mr.A.Saravanan(R2) RR3 to 7 – Given up

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

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CRP No. 2609 of 2019

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O R D E R

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The challenge in the instant Revision is to an application, which had been filed by a third party to implead himself as the eighth defendant in a suit instituted by the second respondent, which had been allowed, is made by the second defendant in the suit.

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The second respondent herein had instituted a suit as against the petitioner, the respondents 4 to 7, for various reliefs of which a primordial relief is a challenge to the unilateral cancellation of a settlement-deed executed by the third respondent in favour of the second respondent and for consequential prayers challenging the settlement-deed executed by the third respondent in favour of the petitioner and the further documents that are executed by the petitioner in favour of the other respondents/respondents 4 to 7. The ground on which the impleading application had been made was that the seventh respondent herein had entered into an agreement with the first respondent, and that he had parted with the major portion of the consideration, and that the first respondent had failed to honour his commitment in executing the sale-deed and also that the seventh respondent had initiated a suit in O.S. No. 6 of 2017.

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It is to be noted that the aforesaid suit filed in O.S. No. 6 of 2017 was

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

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CRP No. 2609 of 2019

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withdrawn from the file of the Additional District Munsif Court, Tiruvallur and

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was transferred to the file of XVII Assistant City Civil Court, Chennai to be

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tried simultaneously along with the suit from which the present Revision arises.

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It is further to be noted that the 2^nd respondent, who is the plaintiff in the instant Suit, had taken out an application to implead herself as a party defendant in the suit filed by the seventh respondent and the same came to be allowed and was the subject matter of challenge in CRP No. 262 of 2021. Only while dealing with the challenge to the said impleading, this Court taking note of the fact that the issues would be similar, the rights of the parties would depend upon the conclusion of trial in both the cases upheld the impleadment of the second respondent as the party defendant in the suit filed by the first respondent and suo motu passed orders for simultaneous trial of both the suits.

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The apprehension of the first respondent to get himself impleaded in the present suit is that his vendor, who is the seventh respondent, fails to prosecute the suit, it would defeat his rights under the agreement of sale. As already the plaintiff in the instant Suit had been impleaded as the party defendant in the suit filed by the first respondent, this Court do not find any reason to interfere with the impleadment of the first respondent as the party defendant in the instant suit.

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

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CRP No. 2609 of 2019

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For the aforesaid reasons, this Court do not find any reason in the

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Revision and accordingly this Revision fails and is dismissed.

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It is to be noted that the trial in the both the suits were directed to disposed of within a period of four months by order dated 21.07.2025 and taking into consideration of the same, this Court directs the Court to dispose of the suits in O.S. No. 838 of 2015 within a period of six months from the date of receipt of a copy of this order. No order as to costs.

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08-04-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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Maya

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To

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The Judge, XVII Asst City Civil Court, Chennai.

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