M. Venugopal, J.

1. The Petitioner, has projected the present Miscellaneous Petition seeking to implead Purgan Beevi as Fourth Respondent in the main Writ Petition.

2. The reason ascribed by the Petitioner for impleading the proposed Fourth Respondent in M.P. (MD) No.1 of 2013 is to the effect that out of love and affection the Petitioner's mother executed a Will dated 31/5/1982 in his favour in respect of the houses in question and in reality, major portion of the house is covered in the Will. Moreover, his mother also specifically made a mention in the said Will as to why she had executed the Will in his favour and in fact, she died on 21/12/1992. The Will executed in favour of the Petitioner had come into force after the demise of his mother. Moreover, he executed a Settlement Deed in favour of his son and daughter and they are enjoying the property.

3. Apart from the above, the Petitioner's brother Muthalief had no right over the property given to the Petitioner by his mother through Will dated 31/5/1982. But the said Muthalief filed a partition suit in O.S.No.99 of 2009 on the file of the Learned Principal Additional District Munsif Court, Madurai and in the said sui