C.R.P.(MD).No.352 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 25.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

C.R.P.(PD)(MD)No.352 of 2019

and

C.M.P(MD) No.1712 of 2019

1. Surya

2.Minor. Sathya

(Minor 2^nd Petitioner represented through

his mother and Guardian Kavitha)

... Petitioners/Petitioners/

Petitioners

-vs-

Jothi @ Jothiraja

... Respondent/Defendant/

Defendant

PRAYER: Civil Revision Petition is filed under Article 227 of the

Constitution of India, to set aside the order dated 05.10.2018 passed in

I.A.No.35 of 2018 in H.M.O.P.No.156 of 2012 on the file of the learned

Principal Subordinate Judge, Kumbakonam.

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C.R.P.(MD).No.352 of 2019

For Petitioners

: Mr.Maragathavel

For Respondent

: No appearance

O R D E R

The instant Civil Revision Petition is filed under Article 227 of the

Constitution of India, to set aside the order dated 05.10.2018 passed in

I.A.No.35 of 2018 in H.M.O.P.No.156 of 2012 on the file of the learned

Principal Subordinate Judge, Kumbakonam.

2. The learned Counsel appearing for the petitioners would submit that,

the petitioners moved an application to implead themselves as parties to the

petition in H.M.O.P.No.156 of 2012, on the ground that there was a direction

given by the trial Court on 05.11.2015 in the said H.M.O.P to return the

jewels and other gifted articles, which had been given during the marriage. It

is pertinent to mention here that the direction was made, in an maintenance

application filed by the children of the proposed 3^rd petitioner and the

respondent.

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C.R.P.(MD).No.352 of 2019

3. It is pertinent to mention here that subsequent to the order, the said

order has been challenged before the appellate Court in C.M.A.No.30 of

2016, wherein the order in H.M.O.P.No.156 of 2012, dated 05.11.2015 was

set aside and the matter was remitted back to the trial Court. Only in those

circumstances, the petitioners have come forward to file the impleading

application. The very ground alleged in the said impleading application is that

there is a direction by the Court, to hand over the jewels and other gifted

articles. Therefore, he becomes the necessary party.

4. It is pertinent to mention here that the very H.M.O.P.No.156 of 2012

has been filed under Section 26 of the Hindu Marriage Act claiming

maintenance by the children. Therefore, in the maintenance suit, if the

proposed 3^rd petitioner is impleaded, then, there is a possibility for

enlargement of the scope of the application. Therefore, this Court is of the

view that the dismissal order passed by the Court below that the proposed 3^rd

petitioner is not proper and necessary party is liable to be confirmed.

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C.R.P.(MD).No.352 of 2019

5. In the result, this Civil Revision Petition is dismissed. However, the

petitioners are given liberty to adjudicate their remedy, if any, available

according to law and the dismissal of the Civil Revision Petition will in no

way affect their other legitimate rights. There shall be no order as to costs.

Consequently connected Miscellaneous Petition is closed.

25.09.2023

NCC

: Yes/No

Index

: Yes / No

Internet

: Yes / No

ebsi

To

1. The Principal Subordinate Judge,

Kumbakonam.

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C.R.P.(MD).No.352 of 2019

C.KUMARAPPAN,J.

ebsi

C.R.P(PD)(MD)No.352 of 2019

25.09.2023

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