N. Selladurai v. K.Muthusamy

ORDER Challenging the impugned order passed in I.A.No.23 of 2025 in O.S.No.712 of 2020 passed by V Additional District Court, Coimbatore, the Revision Petitioner/third party preferred this Civil Revision Petition.

¶2Before the trial court, the Revision Petitioner/third party filed an application under Order 1 Rule 10(2) r/w 151 of C.P.C. claiming himself as a Founder Trustee of M/s.Kongu Charitable Trust praying to implead him as necessary party to the proceedings and the same was dismissed by the trial judge holding that he was not necessary party to the proceedings. Aggrieved over that, he had preferred this Civil Revision Petition.

¶3According to the Revision Petitioner, he is a Founder Trustee of the M/s. Kongu Charitable Trust, but without his consent, the properties were sold in the year 2000. He came to know the same through the encumbrance certificate while pending proceedings that there is a document stands in the name of respondents 1 to 4 executed and obtained a collusive decree in order to grab the property. Therefore, he wanted to implead himself as necessary party in the suit in O.S.No.712 of 2020.

¶4The learned counsel for respondents/plaintiffs 1 to 4 would submit that they are the purchasers of the property in the year 2000 and eversince they are enjoying the properties as absolute owners neither third party nor the other Page3 of 5 respondents 5 to 8 are absolute owners, which is under challenge in the suits O.S.No.720 of 2020, O.S.No. 538 of 2016 and O.S.No.588 of 2016.

¶5Heard and considered rival submissions made by both learned counsel for revision petitioner and respondents and perused the materials available on record.

¶6From the year of 2016, the respondents/plaintiffs 1 to 4 have contested the case and now the suit was posted for arguments. Now, the Founder Trustee of M/s.Kongu Charitable Trust wanted to implead himself. It is also brought to the knowledge of this Court, the Revision Petitioner has filed an application in I.A.No.1 of 2024 in OS CFR.No.1759 of 2024 under Sec.92 of C.P.C. as a Trustee before the Principal District Court, Coimbatore against all the trustees. If at all, he is having any right, he can work out his remedy in that suits not in the present suit. Now the suit is also riped for arguments and he is not necessary party to the proceedings as rightly observed by the trial judge, which requires no interference. Therefore, this Civil Revision Petition is dismissed as no merit. No costs. Consequently, connected civil miscellaneous petition is closed. 12-03-2026 Index: Yes/No Speaking/Non-speaking order RPP To The V Additional District Judge, Coimbatore. Page4 of 5 CRPoNo.o817oofo2026 T.V.THAMILSELVIoJ. RPP CRPoNo.o817oofo2026 AND CMPoNO.o4351oOFo2026 12-03-2026 (1/2) Page5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 4351 OF 2026 N. Selladurai S/o Nachiappan, Founder Trustee of Kongu Charitable Trust, Old Door No 13, New Door.No 29, Vengu Street, Egmore, Chennai 600 008. ..Petitioner(s) Vs 1.K.Muthusamy S/o Kulandaiappa Gounder, No 15, Co Operative Colony, CA Rathinasamy Street, KK Pudur, Coimbatore 38 2.P.R.Selvaraj S/o.Ramasamy Gounder Vettuvankattu Thottam Jayapuram, Aeavakurichi Aravakurichi Taluk Karur District. 3.C.Periasamy S/o.P.Chinnappa Gounder NO.10, Jawahar Nagar, Avinashilingam Home Science College Post Coimbatore-43 4.R.Selvaraj s/o. Ramasamy Gounder No.1, P.M.Samy Colony Rathinapuri, Coimbatore-27 Page1 of 5 5.S.Kanagaraj S/o.Late Seerangarayan No.6/11, Sivagnanam Nivas Sama Naidu Layout, Thiruvalluvar Nagar Ramanathapuram, Coimbatore-45. 6.N.Selvi W/o.Nagaraj NO.2/341, Ponnusamy Gounder Thottam Theethipalayam Post, Coimbatore-10. 7.J.Gandhimathi W/o.P.Jayakumar No.9-C, Lal Baghadur Colony Peelamedu, Coimbatore-4. 8.A.Vijayakumar S/o.Arunachala Gounder NO.80-A, 6/206, Maniakara Thottam Karaiyampalayam, Nambiampalayam Avinashi Taluk, Coimbatore District ..Respondent(s) PRAYER Civil Revision Petition filed under Art. 227 of Constitution of India, praying to allow the Revision Petition and set aside the order and decreetal order dated 30.01.2026 in IA No.23 of 2025 in OS No.712 of 2020 passed by V Additional District Court, Coimbatore. For Petitioner(s): Mr. V.Manisekaran For Respondent(s): Mr.S.Mukunth for M/s.Sarvabhauman Associates for R1 to R4 Mr.A.Ramesh for R5 Mr.S.Karthik Raja for R6 & R7 Page2 of 5