CRP.Nos.112 & 113 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 15.03.2022

DELIVERED ON : 08.06.2022

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

C.R.P.(PD)Nos.112 & 113 of 2016

Mohan

... Petitioner in both the CRPs

vs.

1.A.K.Ramalingam,

S/o Kulandhaivelu

Kulanthai Velu (Died)

2. Rajasekaran,

S/o Kulandhaivelu

3. Sivashankar,

S/o Kulandhaivelu

4. K.Natarajan,

S/o Kulandhaivelu

5. K.Baskaran,

S/o Kulandhaivelu

6. K.Ravichandran,

S/o Kulandhaivelu

7. Gomathi,

D/o Kulandhaivelu

8. Kalaivaanan,

S/o Thangavelu

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CRP.Nos.112 & 113 of 2016

9. Kuppusamy,

S/o Ramasamy

10. R.Natarajan,

S/o Ramasamy

11. Kaliyamoorthy,

S/o Ramasamy

12. Jeyakumar,

S/o Veerasamy

13. Vijayakumar,

S/o Sadagopa Pillai

14. Rajasekharan

S/o Sadagopa Pillai

15. Kannammal,

W/o Velayutham

16. Kamsala,

W/o Kannan

17. Banumathi,

W/o Sokku

18. Pookolam,

S/o Rengan

Sivaraman (Died)

S/o Krishnan

19. Kuppammal,

W/o Palaniyanndi Mudhaliar

Thangam Ammal (Died)

W/o Kulandaivelu Mudaliar

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CRP.Nos.112 & 113 of 2016

20. Sundarajan,

S/o Sivaraman

21. Soundarrajan,

S/o Sivaraman

22. Chandrasekharan,

S/o Sivaraman

23. Shankar,

S/o Sivaraman

R2 to R22 set exparte in lower Court. ... Respondents in both the CRPs.

Prayer : Civil Revision Petitions filed under Article 227 of the

Constitution of India, against the order dated 18.04.2015 made in

I.A.Nos.160 & 161 of 2013 in O.S.No.28 of 2011 on the file of Sub-

Court, Chidambaram.

For petitioner

in both the CRPs

: Mr.S.Sadasharam

For respondents

for R1

in both the CRPs

: Mr.A.Muthukumar

C O M M O N O R D E R

These civil revision petitions are filed by the 7^th defendant in a suit

for partition. Pending suit, an application in I.A.No.160 of 2013 was filed

by the 7^th defendant, seeking to implead the plaintiff/1^st respondent's wife,

Sivakamasundari as the 27th defendant in the suit and he has also filed

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CRP.Nos.112 & 113 of 2016

another application in I.A.No.161 of 2013 seeking to include the house

property standing in the name of the plaintiff/1^st respondent's wife to the

plaint schedule. Aggrieved over the dismissal order passed in both the

I.As, these Civil Revision Petitions are filed by the 7^th defendant.

2. The plaintiff was employed as a lecturer in the Annamalai

University and later, he became as Professor and out of his income and

the sale proceeds of his wife's jewels, he purchased a house in the name

of his wife in Mariappan Nagar, Chidambaram. According to him, the

said property is not a joint family property and it exclusively belongs to

his wife. All these averments have been stated in the plaint itself. After

service of summons, the defendants, neither claimed the share in the

property of the plaintiff nor made any claim before any Court of law.

After nine years from the filing of the suit, the 7^th defendant had filed

these two applications viz.,I.A.Nos.160 and 161 of 2013, seeking to

implead the 1^st respondent's wife, Sivakamasundari as party defendant in

the suit and to include the house property standing in the name of the 1^st

respondent's wife to the plaint schedule respectively stating that the said

property is also a joint family property and it should be included for

partition in the suit.

3. The learned Subordinate Judge, on considering the submissions

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CRP.Nos.112 & 113 of 2016

made on both sides, dismissed both the applications. Hence, these civil

revision petitions before this Court.

4. Originally, when the Civil Revision Petitions came up for hearing

on 08.03.2019, it was dismissed as infructuous, since the revision

petitioner did not comply with the condition imposed while setting aside

the exparte order before the trial Court and liberty w