High Court · 2025

CRP NO.1573 OF 2022IN THE HIGH COURT OF JUDICATURE AT MADRASORDER RESERVED ON : 07 / 10 / 2025 ORDER PRONOUNCED ON : 09 / 12 / 2025CORAM:THE HONOURABLE MR. JUSTICE R. SAKTHIVELCRP NO.1573 OF 2022ANDCMP NO.7938 OF 2022SelladuraiKattukottai,Siruvankur Village,Kallakurichi Taluk,Kallakurichi District.... Petitioner / Petitioner /Proposed 7th DefendantVersus1.SakthivelNo.24 G, Katchery Road,Kaspa Kallakurichi Town,Kallakurichi Taluk,Kallakurichi District....1st Respondent /1st Respondent /Plaintiff2.Ponnammal,No.24, Ja.Endhal Village,Vappur Taluk,Cuddalore District.3.Rajasekar,No.28, Pillaiyar Kovil Street,Kaspa Sangarapuram Town,Page No.1 of 9 https://www.mhc.tn.gov.in/judis CRP NO.1573 OF 2022Sangarapuram Taluk,Kallakurichi District.4.District Collector,Kaspa Kallakurichi Collectorate Office,Kallakurichi District.5.Sub Collector,Kaspa Kallakurichi Office,Kallakurichi Taluk,Kallakurichi District.6.Revenue Thasildar,Kallakurichi Taluk,Kallakurichi District.7.Village Administrative Officer,Neelamangalam Village,Kallakurichi Town & District. ...Respondents 2 to 7 /Respondents 2 to 7 /DefendantsPRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, 1950, praying to set aside the Fair and Decreetal Order dated December 02, 2021 in I.A.No.1109 of 2021 in O.S.No.149 of 2021 passed by the II Additional District Munsif Court, Kallakurichi. For Petitioner: Ms.R.Divya PreathikaFor Respondent-1: Mr.M.Venkatesh for Mr.R.Jaya PrakashFor Respondents 2&4: Served – No appearanceFor Respondent-3: Given upPage No.2 of 9 https://www.mhc.tn.gov.in/judis CRP NO.1573 OF 2022For Respondents 4 to 7: Mr.B.Tamil Nidhi Additional Government PleaderO R D E RThe Revision Petitioner filed an Interlocutory Application in I.A.No.1109 of 2021 under Order I Rule 10 (2) of 'the Code of Civil Procedure, 1908' ('CPC') in O.S.No.149 of 2021 on the file of 'the II Additional District Munsif Court, Kallakurichi' ['Trial Court' for short] praying to implead him as seventh defendant in the said Suit. The Trial Court dismissed the said Interlocutory Application. Feeling aggrieved by the dismissal Order, the Revision Petitioner has preferred this Civil Revision Petition under Article 227 of the Constitution of India, 1950.2. The First Respondent herein is the Plaintiff and the Respondent Nos.2 to 7 herein are the Defendants in O.S.No.149 of 2021. The First Respondent / plaintiff filed the aforesaid Original Suit praying for Injunction restraining Respondent Nos.1 and 2 from interfering with his peaceful possession and enjoyment of the Suit Property and also seeking injunction against Respondent Nos.3 to 6 (Official Respondents) not to make entries in the Field Measurement Book (FMB) contrary to his Sale Page No.3 of 9 https://www.mhc.tn.gov.in/judis CRP NO.1573 OF 2022Deed dated April 3, 2017. The said Suit was filed on August 11, 2021. The Trial Court issued summons to the defendants for appearance on September 6, 2021.3. The case of the Revision Petitioner is that he purchased an extent of 17 Cents within specified four boundaries in Survey No.137/8A (New Survey No.137/8A2A) from the second respondent/first defendant – Pounammal vide Sale Deed dated August 26, 2021 i.e., before the first hearing of the Suit. The plaintiff filed the aforesaid Original Suit including the revision petitioner’s property in the Suit description of property and sought an injunction. If any injunction is passed, it will cause prejudice to his rights over his property. Accordingly, now his presence is necessary to decide the matter effectively. Accordingly, he sought to allow the Interlocutory Application filed under Order I Rule 10(2) of CPC.4. The Trial Court dismissed the Interlocutory Application reasoning out that the petitioner is a pendente lite purchaser and he is not a necessary party to the Suit. Feeling aggrieved by the same, he has filed this Civil Revision Petition under Article 227 of the Constitution of India, Page No.4 of 9 https://www.mhc.tn.gov.in/judis CRP NO.1573 OF 20221950.5. Ms.R.Divya Preathika, learned Counsel appearing for the Revision Petitioner would submit that the Trial Court did not appreciate the entire facts and circumstances in a proper manner. The Plaintiff has no right in the entire Suit Property. The Suit description of property is wrong. The Plaintiff included the Revision Petitioner’s property in the Suit description of property so as to cause prejudice to the Revision Petitioner. Further, the learned Counsel drew attention of this Court to Plaint Prayer No.(2) and submits that to decide the relief sought therein, the Revision Petitioner is a necessary party. If Prayer No.(2) is granted as prayed for by the Plaintiff, it will cause prejudice to the right of the Revision Petitioner. Accordingly, she would pray to allow this Civil Revision Petition.6. In response to the above arguments, Mr.M.Venkatesh appearing on behalf of Mr.R.Jayaprakash, learned Counsel on record for the First Respondent / Plaintiff would argue that the Revision Petitioner is not a necessary party to the Suit. The Suit is one for injunction simpliciter and the Plaintiff being the dominus litis does not seek any relief against the Revision Petitioner, in these circumstances, the Revision Petitioner is not Page No.5 of 9 https://www.mhc.tn.gov.in/judis CRP NO.1573 OF 2022a necessary party to the Suit. The Trial Court rightly appreciated the facts and circumstances and dismissed the Interlocutory Application. There is no warrant to interfere with it. Accordingly, he would pray to dismiss the Civil Revision Petition.7. Mr.B.Tamil Nidhi, learned Additional Government Pleader, appearing for the Respondent Nos.4 to 7 would submit that the Respondent Nos.4 to 7 will abide any Order that will be passed by this Court.8. This Court has considered both sides' submissions and perused the materials available on record.9. In a Suit for bare injunction, it is true that the Plaintiff is the dominus litis and he alone could choose the Defendants. In this case, as far as the first prayer qua permanent injunction in respect of suit property is concerned, the Revision Petitioner is not a necessary party. However he is a necessary party qua the second prayer which is for injunction against Respondent Nos.3 to 6 (Official Respondents) not to make entries in the Field Measurement Book (FMB) contrary to his Sale Deed dated April 3, 2017. If the Trial Court grants the second prayer, it will definitely cause Page No.6 of 9 https://www.mhc.tn.gov.in/judis CRP NO.1573 OF 2022prejudice to the Revision Petitioner’s rights over the Suit Property. The Suit was filed on August 11, 2021 and the Revision Petitioner purchased the Suit Property from the First Defendant on August 26, 2021 i.e., before the first hearing of the Suit. In these circumstances, this Court is of the considered view that to avoid multiplicity of proceedings, to decide the matter on merits and for effective adjudication and to render complete justice, the Revision Petitioner is a necessary party to the Suit. Hence, this Court is inclined to allow the Revision Petition.10. Accordingly, this Civil Revision Petition is allowed and the Order passed by the Trial Court in I.A.No.1109 of 2021 is set aside and consequently I.A.No.1109 of 2021 is allowed. Considering the facts and circumstances, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed09 / 12 / 2025Index: YesNeutral Citation: YesSpeaking Order: YesTK / pamPage No.7 of 9 https://www.mhc.tn.gov.in/judis CRP NO.1573 OF 2022To1.The II Additional District and Munsif Court,Kallakurichi. 2.District Collector,Kaspa Kallakurichi Collectorate Office,Kallakurichi District.3.Sub Collector,Kaspa Kallakurichi Office,Kallakurichi Taluk,Kallakurichi District.4.Revenue Thasildar,Kallakurichi Taluk,Kallakurichi District.5.Village Administrative Officer,Neelamangalam Village,Kallakurichi Town & District. Page No.8 of 9 https://www.mhc.tn.gov.in/judis CRP NO.1573 OF 2022R. SAKTHIVEL, J.TK / pamPRE-DELIVERY ORDER MADE INCRP NO.1573 OF 2022 09/12/2025Page No.9 of 9