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2014 Supreme(Mad) 2345

V.M.VELUMANI
Joseph Joys – Appellant
Versus
Jesu Jebamalai – Respondent


Advocates Appeared:
For the Petitioner:M.P. Senthil, Advocate.
For the Respondents:R1, S. Subbiah, Advocate.

Judgment :

1. This Civil Revision Petition has been filed to set aside the fair and decretal order, dated 11.02.2010, passed in I.A.No.243 of 2009 in O.S.No.564 of 2005, by the learned II Additional District Munsif, Nagercoil.

2. The petitioner is the proposed third party. The first respondent filed the suit in O.S.No.564 of 2005 against the second respondent, for permanent injunction restraining him from blocking or obstructing the plaint schedule property at any place.

3. According to the second respondent, the pathway is a private pathway, not a public pathway. Pending suit, a portion of the property was purchased by the petitioner's Principal on 10.11.2008. After such purchase, the petitioner filed I.A.No.243 of 2009, to implead him as third defendant in the suit. The first respondent/plaintiff resisted the said application.

4. The learned Judge after considering all the materials on record, dismissed the said application on the ground that the petitioner's principal purchased the property during pendency of the suit. The petitioner's principal knowing fully well about the pendency of litigation, purchased the said property. Against the said order, the present civil revision pe







































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