A.S(MD) No.37 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Thursday, the Seventeenth day of March Two Thousand and Twenty Two

PRESENT

The Hon`ble Ms.Justice R.N.MANJULA

C.M.P(MD)Nos.1977 of 2022 & 2389 of 2017

in

A.S(MD) No.37 of 2017

CMP(MD) No.1977 of 2022 :

1. D.PUSHPAVALLI

2. D.SENTHILKUMAR

3. D.SATHISH

... PETITIONERS/PROPOSED

RESPONDENTS NO.4 TO 6

Vs

1. R.JANAKIRAMAN

... 1^st RESPONDENT/APPELLANT

2. S.UMARANI

3. V.DHANALAKSHMI

4. S.SURIYAKALA

... RESPONDENTS 2 TO 4/

RESPONDENTS 1 TO 3

Petition filed praying that in the circumstances stated therein

and in the affidavit filed therewith the High Court may be pleased

to IMPLEAD the petitioners as the proposed respondents No. 4 to 6 in

A.S(MD) No. 37 of 2017 on the file of this Honourable Court.

CMP(MD) No.2389 of 2017 :

R.JANAKIRAMAN

... PETITIONER/APPELLANT

Vs

1. S.UMARANI

2. V.DHANALAKSHMI

3. S.SURIYAKALA

... RESPONDENTS/RESPONDENTS

To grant an order of interim injunctin restraining the

respondents, their men and agents from in any manner demolishing or

altering the Physical features of the suit property which is the

subject matter in the suit in OS.No.83 of 2011, on the file of VI

Additional District Court, Madurai, till the disposal of this

appeal.

Prayer in AS(MD). 37/2017 :

Pleased to reverse and set aside the judgment and decree in

O.S.No.83 of 2011, on the file of VI Additional District Court,

Madurai dated 07.11.2016.

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A.S(MD) No.37 of 2017

ORDER : These petitions coming up for orders on this day, upon

perusing the petitions and the affidavits filed in support thereof

and upon hearing the arguments of M/S.AN.RAMANATHAN, Advocate for

the petitioners in CMP(MD) No.1977 of 2022 and MR.V.RAGHAVACHARI,

Advocate for the Petitioner in CMP(MD) No.2389 of 2017, the court

made the following order:-

CMP(MD) No.1977 of 2022 has been filed to implead the

petitioners as proposed respondents 4 to 6 in A.S(MD) No.37 of 2017,

on the file of this Court.

2.The learned counsel appearing for the proposed

respondents submits that they have purchased the suit property after

the decree was passed in favour of his vendor, thinking that the

litigation has come to an end. It is further submitted that at the

time of purchase, they were not aware of the appeal proceedings.

3.In order to avoid future technicalities and to give

finality to the litigation, I feel that the petition should be

allowed.

4.Registry is directed to carry out necessary amendment and

post the Appeal Suit on 29.03.2022, under the caption for “final

hearing dated cases”.

5.Since the Appeal Suit itself is posted for final hearing,

CMP(MD) No.2389 of 2017 is closed.

sd/-

17/03/2022

/ TRUE COPY /

28/03/2022

Sub-Assistant Registrar (C.S-III)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

THE VI ADDITIONAL DISTRICT JUDGE,

MADURAI.

+1 CC to M/s.V.RAGHAVACHARI, Advocate (SR-2274[I] dated 21/03/2022)

ORDER IN

C.M.P(MD)Nos.1977 of 2022 &

2389 of 2017

in

A.S(MD) No.37 of 2017

Date :17/03/2022

vrn

USK/PN/SAR-III/28.03.2022/2P/3C

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