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1998 Supreme(Mad) 209

M.KARPAGAVINAYAGAM
Somasundaram Chettiar and others – Appellant
Versus
Balasubramanian – Respondent


Advocates:
Mr.R. Subramanian, Advocate for Petitioners.

Judgment :

1. The impugned order dated 22. 1997 in I.A.No.1059 of 1996 in O.S.No.172 of 1996 on the file of District Munsif s Court, Virudhunagar, dismissing the application for impleading the second petitioner herein, is challenged before this Court in this revision.

.2. The respondent herein filed the suit for permanent injunction restraining the defendant, the first petitioner herein from interfering with his possession and enjoyment of the property, claiming himself as the adopted son of Gurusamy Chettiar and Guruvammal. The defendant, the first petitioner herein disputed the alleged adoption and contended that the said Guruvammal executed a Will on 22. 1985 in favour of one Dhanalakshmi Ammal, who is the second petitioner herein and that after the death of the said Guruvammal, the second petitioner herein handed over the properties to the possession of the first petitioner after entering into an agreement of sale. During the course of trial, the first petitioner herein filed the application impleading the second petitioner as the proposed second defendant, in whose favour the Will had been executed, as a necessary party. This application has been dismissed by the Court below















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