2548 of 2023

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

CRP PD(MD).No.

2548 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 06.10.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

C.R.P(PD) (MD).No.2548 of 2023


and
C.M.P.(MD)No.13170 of 2023

Meena : Petitioner/Petitioner/Plaintiff
Vs.

1.Leelavathi

2.Manimekala

3.Manimala : Respondents 1 to 3/Respondents 1 to 3/


Defendants

4.Chinnamayan

5.The Sub-Registrar,
Nilakottai Sub-Registrar Office,
Nilakottai Taluk,
Dindigul District. : Respondents 4 & 5/ Respondents 4 & 5/
Proposed Defendants

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of


India, to set aside the order dated 11.10.2022 passed in I.A.No.2 of 2022 in
O.S.No.89 of 2021 on the file of the learned Additional District Court,
Dindigul.

1/4
https://www.mhc.tn.gov.in/judis
CRP PD(MD).No.2548 of 2023

For Petitioner : Mr.S.Sankarapandian

ORDER

The Civil Revision Petition is directed against the order, dated

11.10.2022 passed in I.A.No.2 of 2022 in O.S.No.89 of 2021 on the file of the

learned Additional District Court, Dindigul, dismissing the petition filed under

Order I Rule 10(2) C.P.C.

2. Admittedly, the petitioner has filed the suit in O.S.No.89 of 2021, for

partition and allotment of ¼ share. Pending suit, the plaintiff has filed an

application to implead the respondents 4 and 5 alleging that the fourth

respondent has entered into a sale agreement with the respondents 2 and 3 on

21.04.2001.

3. The learned District Munsif considering the objections raised by the

other defendants and by holding that all the alienation or encumbrance

subsequent to the suit is subject to the result of the suit, dismissed the petition.

2/4
https://www.mhc.tn.gov.in/judis
CRP PD(MD).No.2548 of 2023

4. In the case on hand, the fourth respondent is only an agreement

holder. Considering the above, the impugned order passed by the learned

District Munsif cannot be found fault with. Hence, this Court concludes that

the Civil Revision is devoid of merits and the same is liable to be dismissed.

5. Accordingly, the Civil Revision Petition is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

06.10.2023

NCC : Yes/No
Index : Yes/No
Internet : Yes/No
das

To

1.The Additional District Judge,


Dindigul.

2.The Section Officer,


VR Section,
Madurai Bench of Madras High Court,
Madurai.

3/4
https://www.mhc.tn.gov.in/judis
CRP PD(MD).No.2548 of 2023

K.MURALI SHANKAR, J.

das

C.R.P(PD) (MD).No.2548 of 2023


and
C.M.P.(MD)No.13170 of 2023

06.10.2023

4/4
https://www.mhc.tn.gov.in/judis

You might also like