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2001 Supreme(Mad) 614

V.KANAGARAJ
K. Chithra and others – Appellant
Versus
K. Muthuperumal and others – Respondent


Advocates Appeared:
S.Thiruvenkataswamy, for Petitioners.
M.S.Velusamy, for Respondent No.1. S.Yegna Narayanan, for Respondent Nos.2 and 3.

Judgment :

The civil revision petition is directed against the fair and decretal order dated 11.12.2000 made in I.A.No.469 of 2000 in O.S.No.116 of 2000 by the Court of Subordinate Judge, Devakottai thereby allowing the application filed by a third party underO.1, Rule 10(2) and Sec.151 of the Code of Civil Procedure.

2. Tracing the history of the case it comes to be known that the petitioners herein have filed the suit in O.S.No.116 of 2000 on the file of the Court of Subordinate Judge. Devakottai against the respondents 2 and 3 herein for a bare injunction wherein the suit property is a terraced house constructed in an area of 2,358 1/2 sq.ft.

3. During the pendency of the said suit, the first respondent herein, who is a third party to the proceedings, filed an application before the lower Courts underO.1, Rule 10(2) and Sec.151 of the Code of Civil Procedure praying to implead him as a party-defendant to the suit being an interested party.

4. In the affidavit filed in support of the said petition before the lower Court, the first respondent herein would allege that the first petitioner herein was the concubine of one late Karupaiah and the second respondent herein was the son o















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