- Court
- High Court of Madras
- Decided
- 25 March 2026
- Bench
- S Justice T.V.Thamilselvi
- Case no.
- CRP 1722/2026
Judgment
ORDER This Civil Revision Petition has been filed seeking to set aside the Fair and Decreetal order dated 20.02.2026 passed in IA No. 4 of 2026 in OS No. 155 of 2023 on the file of Subordinate judge Court, Katpadi, Vellore District.
¶2The petitioners herein filed IA No. 4 of 2026 in OS No. 155 of 2023 on the file of Subordinate Judge Court, Katpadi, Vellore District under Order 1 Rule 10 CPC seeking to implead the respondents 56 to 63/proposed parties as defendants in the main suit. But the Trial Court dismissed the said application stating if they were added as parties, opportunity is to be given to them to file written statement, hence it would drag on the proceedings. Further he observed that proposed parties have purchased the property after 10 years of the subject suit filed and in lis pendence. Therefore, they need not be impleaded. Challenging the same, the petitioner filed this Civil Revision Petition.
¶3The learned counsel for the petitioners submits that in the written statement, the defendants have not mentioned about the alleged sale made by them. However, the plaintiffs came to know about the sale deeds only after filing of such documents by defendants. Therefore, the petitioners filed the petition to implead the purchasers as necessary parties to the proceedings, but the Trial Court dismissed the same. Hence, he prays to allow this revision petition.
¶4Considering the fact that at the time of filing the written statement, the defendants have not disclosed about the sale but only thereafter at the time of evidence the defendants disclosed that they sold the property, so the necessity arose for the petitioners to implead the purchasers of the property. Though they purchased the property pending proceedings, since it is the suit for partition and already the first defendant filed written statement and thereafter sale taken place and the proposed defendants entered into shoes of the first defendant, their impleading is necessary and therefore the findings of the Trial Court is set aside.
¶5Accordingly, this Civil Revision Petition is allowed. I.A.No.4 of 2026 is allowed. Plaint is to be amended accordingly. No costs. 25-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes pbl To
1.The Subordinate judge Court, Katpadi, Vellore District. CRPeNo.e1722eofe2026 T.V.THAMILSELVIoJ. pbl CRPoNo.o1722oofo2026 ANDoCMPoNO.o7896oOFo 2026 25-03-2026 11e/e11
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 7896 OF 2026 1. E.Boopalan S/o.Late.K.Ekambaram, No.AL/19, Phase III, Sathuvachari, Vellore 9, Vellore District 2. E.Rajendiran S/o. Late K.Ekambaram, No.7/A, Veeramani, Thiruvalluvar Nagar, Katpadi-07, Vellore District. Petitioner(s) Vs 1. Renu Ammal (Died) 1.S.Karthikeyan S/o. Late K.C.Sankaralingam, Residing at No.7, Veeramani Street, Thiruvalluvar Nagar, Katpadi, Katpadi Taluk, Vellore District). 2.S.Gangadharan S/o. Late K.C.Sankaralingam, Residing at No.7, Veeramani Street, Thiruvalluvar Nagar, Katpadi, Katpadi Taluk, Vellore District). 3.S.Durairaj S/o. Late K.C.Sankaralingam, Residing at No.7, Veeramani Street, Thiruvalluvar Nagar, Katpadi, Katpadi Taluk, Vellore District). 4.S.Sundararaj S/o. Late K.C.Sankaralingam, Residing at No.7, Veeramani Street, Thiruvalluvar Nagar, Katpadi, Katpadi Taluk, Vellore District). S.Ravikumar (Died) Ambiga (Died) 5.K.A. Viswanathan, S/o. Late.K.C. Achudhan, Residing at No.9, Veeramani Street, Thiruvalluvar Nagar, Katpadi, Katpadi Taluk, Vellore District. Now Residing at No.83H/13, Manali Pudur Nagar, Chennai 603 103 6.K.A.Ramesh S/o. Late.K.C. Achudhan, Residing at No.9, Veeramani Street, Thiruvalluvar Nagar, Katpadi, Katpadi Taluk, Vellore District. Now Residing at No.83H/13, Manali Pudur Nagar, Chennai 603 103 7.Padmavathi, W/o.Late.K.C.Manickam, Residing at No. 24/11, CMDA, Manali New Nagar, Chennai-103. 8.K.M.Krishnakumar S/o.Late.K.C.Manickam, Residing at No. 24/11, CMDA, Manali New Nagar, Chennai-103. 9.K.M.Sudhakar S/o.Late.K.C.Manickam, Residing at No. 24/11, CMDA, Manali New Nagar, Chennai-103. 10.K.M.Venkatesan S/o.Late.K.C.Manickam, Residing at No. 24/11, CMDA, Manali New Nagar, Chennai-103. 11.K.M.Srinivasan S/o.Late.K.C.Manickam. R Residing at No. 24/11, CMDA, Manali New Nagar, Chennai-103. 12.C. Kalavathy W/o. Chandrasekaran, No.10, Madhavi Salai, Samathuvapuram, Sugarmill, Thiruvalam post, Katpadi Taluk. 13.R. Sumathi W/o Ramu, No.100/6, MMDA Quarters, Sadaiyankuppam, Manali Pudhu Nagar, Thiruvallur District. 14.Thilagavathy @ Thilagamoorthy, W/o.Dhakshinamoorthy, No.29, Avvaiyar Street, Thiruvalluvar nagar, Katpadi, Vellore-07. 15.J. Gunavelan W/o.Late. Janardhanan, Bajanai Koil Street, Brammapuram, Katpadi Taluk. 16.Shanthi, W/o.Balaji, No.6, Kalinjur Main Road, E.B.Colony, Gandhi Nagar, Vellore-06. 17.Saraswathi D/o.Late. Subramani, No.22-C4, Srinivasapuram, Near Mattu Mandai Railway Gate, Thiruvottiyur, Chennai-19. 18.Kasthuri W/o.Panneerselvam, No. 7/60, 3 street, C Sector, V.G.Road Nagar, Gandhi Nagar, Vellore-06. 19.Meerabai, D/o.Late. Subramani Residing at No. 22-C4, Srinivasapuram, Near Matt Mandai Railway Gate, Thiruvottiyur, Chennai 19 20.M.S.Gopinath S/o.Late. Subramani Residing at No. 22-C4, Srinivasapuram, Near Matt Mandai Railway Gate, Thiruvottiyur, Chennai 19 21.M.S.Thulasi S/o.Late. Subramani Residing at No. 22-C4, Srinivasapuram, Near Matt Mandai Railway Gate, Thiruvottiyur, Chennai 19 22.N. Chandrasekaran S/o.Late.Natesan, No.61/A1, Beside Sainik Public School, KHB Colony, Harohalli, Kolar -563 101, Karnataka State. 23.N. Poongothai W/o.Balakrishanan No.6, T.Miniappa Compound, Vijinapura, Kothur, Bengaluru - 16. N. Yuvaraj (Died) 24.T.N. Ravikumar, S/o.Late.Natesan, No.200-A, A Type Quarters, Opposite to Nursery School, BEML Nagar, KGF, Karnataka. 25.N. Ragunathan S/o.Late.Natesan, No.1/320, 189 Kothapalli, Gudipala Mandal, Chitoor District. 26.Varalakshmi W/o.Panchatcharam, No. 102/1, Gandhiwada, Gadhak Road, Hubli - 20, Karnataka State. 27.N. Ramu, S/o.Late.Natesan, No.271, One Post Office Block, Marikuppam Post, KGF 563119. 28.Parimala D/o.Late.Natesan, No. 61/A, Beside Sainik Public School, KHB Colony, Harohalli, Kolar -563 101, Karnataka State. 29.Umamageshwari, D/o Late. Natesan, No.57, L.M.D.Block, Champion Reef, KGF-563119. 30.N. Sathish Babu, S/o. Late Natesan, Children's Crech, Near KGF Faith Assembly Church, Champion Ree
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