N.S.Trust Vs M.Sumathi

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order passed by the Learned Principal District Judge, Salem I.A.No.1 of 2025 in O.S.No.894 of 2024 dated 09.02.2026 and pass such orders or further orders as this Honble Court.

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For Petitioner(s): Mr.Leelesh Sundaram For M/S. Nathan and Associates

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For Respondent(s): Notice dispensed with

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ORDER

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This civil revision petition has been filed, challenging the impugned order

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dated 09.02.2026 passed by the Principal District Court, Salem in I.A. No.1 of 2025 in O.S. No.894 of 2024.

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The petitioner is the plaintiff in the suit O.S. No.894 of 2024. In the impugned order, the application filed by third parties, seeking to implead themselves as party defendants in the suit, has been allowed by the trial court. The suit has been filed for declaration to declare that the petitioner / plaintiff is the absolute owner of the suit schedule property. The proposed parties, who have been impleaded as defendants in the suit through the impugned order, also

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claim ownership of the very same property.

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

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CRP No. 4074 of 2026

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The learned counsel for the petitioner submits that the proposed parties do not have any right over the suit schedule property. If this Court entertains this

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civil revision petition and orders notice to the respondents / proposed parties, it will only result in the delay in the disposal of the suit, which is not in the interest of the parties to the suit.

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On the other hand, if this Court permits the petitioner to raise all grounds, which have been raised in this civil revision petition at the time of cross examination of the respondents 1 and 2 (newly impleaded parties) and also raise the grounds at the time of arguments in the main suit, the interest of the petitioner / plaintiff will be protected and the disposal of the suit will also not get delayed.

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When this Court had expressed the aforesaid view to the learned counsel for the petitioner, the learned counsel for the petitioner fairly agreed to the same.

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For the foregoing reasons, without interfering with the operative portion of the impugned order, this civil revision petition is disposed of by permitting the petitioner / plaintiff to raise all objections that have been raised in this civil revision petition at the time of cross-examination of the respondents 1

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

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CRP No. 4074 of 2026

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and 2 (newly impleaded parties) and also raise those objections at the time of arguments in the main suit. No Costs. Consequently, connected miscellaneous petition is closed.

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