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2024 Supreme(Online)(MAD) 9739

HIGH COURT OF MADRAS
Honourable Mr Justice V.SIVAGNANAM
PRAKASHAM – Appellant
Versus
M. RANAGANATHAN – Respondent


O R D E R

The civil revision petition is filed to set aside the docket order passed in IA No.1 of 2022 in OS No.51 of 2016 on the file of the District Munsif Court, Omalur dated 14.06.2023 and allow the Revision.

2. The third petitioner and first respondent herein filed the suit in OS.No.51 of 2016 on the file of the District Munsif Court, Omalur against the second respondent/defendant seeking permanent injunction. Pending trial, the petitioners 1 and 2 filed an application in IA No.1 of 2022 to implead themselves as plaintiffs on the ground that with regard to disputed pathway, the petitioners/proposed parties also have right over the pathway and they got it by partition in the year 1964 in C Schedule properties. The defendant had threatened the proposed plaintiffs on 10.07.2023 for using the said pathway. Therefore, the petitioners wants to implead themselves in the suit filed by the plaintiffs since the suit is with regard to same property against the same defendant. The learned Judge, without considering the aforesaid fact, by order dated 14.06.2023 had dismissed the said application.

Challenging the said dismissal order, the petitioners have filed the present civil revision peti

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