1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.272 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 V.Narayanan .. Petitioner /2nd Respondent/1st Defendant Vs. 1.K.Ilanchezian .1st Respondent/Petitioner/Proposed Plaintiff 2.Kasi Viswanathan Chettiar .. 2nd Respondent/1st Respondent/Plaintiff 3.State of Tamil Nadu through its District Collector, Sivagangai. 4.The District Revenue Officer, Sivagangai District. ..3rd & 4th Respondents/3 & 4th Respondents/ 2 & 3 Defendants Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 26.10.2010 passed in Interlocutory Application No.128 of 2010 in Original Suit No.79 of 2007 by the Additional District Munsif Court, Karaikudi. For Petitioner : Mr.A.Jayaramachandran ORDER The impugned order dated 26.10.2010 passed in Interlocutory Application No.128 of 2010 in Original Suit No.79 of 2007 by the Additional District Munsif Court, Karaikudi is being challenged in the present Civil Revision Petition. 2. The second respondent herein as plaintiff has instituted Original Suit No.79 of 2007 on the file of the Court below for the reliefs of declaration and perpetual injunction, wherein the present revision petitioner and the respondents 3 and 4 have been shown as defendants. During pendency of the same, the first respondent as petitioner has filed Interlocutory Application No.128 of 2010 under Order I, Rule 10(2) of the Code of Civil Procedure, 1908 praying to implead him as second defendant in Original Suit No.79 of 2007. The Court below has allowed the same. Against the order passed by the Court below, the present Civil Revision Petition has been preferred. 3. Considering the nature of the claim made by the first respondent in Interlocutory Application No.128 of 2010 as well as the nature of the order passed therein, notice need not be sent to the respondents and the present Civil Revision Petition is disposed of on https://hcservices.ecourts.gov.in/hcservices/ 2 merits at the stage of admission. 4. It is an admitted fact that the second respondent herein as plaintiff has instituted Original Suit No.79 of 2007 on the file of the Court below for the reliefs of declaration and perpetual injunction. The first respondent has filed Interlocutory Application No.128 of 2010 stating that he purchased a portion of the suit property under a registered sale deed dated 13.09.2004. Considering the nature of the reliefs sought for in Original Suit No.79 of 2007 and also considering the fact that the specific stand taken on the side of the first respondent herein is that he purchased a portion of the suit property, it is needless to say that the first respondent is not only a necessary party, but also a proper party so as to give complete adjudication in Original Suit No.79 of 2007. The Court below after considering the nature of the claim putforth on the side of the first respondent has rightly allowed Interlocutory Application No.128 of 2010 and in view of the discussion made earlier, this Court has not found any error in the order passed by the Court below and altogether the present Civil Revision Petition deserves to be dismissed. 5. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission and the order passed in Interlocutory Application No.128 of 2010 in Original Suit No.79 of 2007 by the Additional District Munsif Court, Karaikudi is confirmed. The Additional District Munsif Court, Karaikudi is strictly directed to dispose of Original Suit No.79 of 2007 before the end of July, 2011 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Additional District Munsif Court, Karaikudi. Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai C.R.P(PD)(MD)No.272 of 2011 and M.P(MD)No.1 of 2011 14.02.2011 smn SMA/1.3.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/