Madras High Court
CRP/2479/2025 of SAGUNTHALA Vs Parvathiammal (Died) on 15 October 2026
CRP No. 2479 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 2479 of 2025
CNR:{HCMA011284042025}
AND
CMP NO. 14208 OF 2025
1. Sagunthala
W/o.Chandrasekar
2. Devammal
W/o.Sasikumar
..Petitioner(s)
Vs
Parvathiammal (Died)
1. Krishnaveni, W/o.late Basuvaraj
2. Rajendran
S/o.Karuppannaswamy
3. R.Gangadaran (Akila)
S/o.Raju (Bommannan)
4. Santhosh
S/o.late Sivaraj
5. Dinesh Kumar
S/o.late Sivaraj,
6. M.Nagarajan (Rajan)
C/o.Mathaiah
7. Vidhya
D/o.late Basuvaraj
8. Nandhini
D/o.late Basuvaraj
..Respondent(s)
CRP No. 2479 of 2025
Civil Revision petition filed under Section 115 of CPC to set aside the Fair and Final Order dated 20.3.2025 passed by the Learned Subordinate Judge of The Nilgiris at Udhagamandalam in IA.NO.1/2024 in AS.No.7/024 and pass orders.
For Petitioner(s):
Mr.L.Mouli
For Respondent(s):
Ms.P.Priyanka
for R.Gouri for R3
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Order
This Civil Revision Petition has been filed under Section 115 of CPC against the fair and decretal order passed in IA.NO.1 of 2024 in AS.No.7 of 2024 on the file of learned Subordinate Judge of The Nilgiris at Udhagamandalam, wherein the application filed by the petitioners /appellants to implead the proposed respondents 8 and 9, who are the legal heirs of late Basavaraj, came to be dismissed, by the Court below.
2. Heard both sides and carefully perused the materials available on record as well as the order passed by the Court below.
3. The petitioners filed the suit in OS No.57 of 2006 seeking for the relief of partition and for allotment of 13/16th share in the suit property. The suit was dismissed by judgement and decree dated 31.10.2023 mainly on the ground that the daughters of Basavaraj have not been impleaded as parties since they are entitled for a share in the suit property and therefore, the suit was found
CRP No. 2479 of 2025 bad for non-joinder of necessary parties.
4. Aggrieved by the judgement and decree passed by the Trial Court, the petitioners filed AS No.7 of 2024 before the Sub Court, Udhagamandalam and the same was pending. Pending the appeal, IA No.1 of 2024 was filed to implead the proposed respondents 8 and 9 as parties to the Appeal. The said application was dismissed by the Court below mainly on the ground that the attempt made by the petitioners is to get over the finding of the Trial Court which held that the suit was bad for non-joinder of necessary parties. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.
5. The order passed by the Court below does not suffer from any perversity warranting the interference of this Court. If the suit had been dismissed on the ground of non-joinder of necessary parties, the best course of action that was available to the petitioners is to file a fresh suit by adding all the necessary parties and seek for the relief of partition. Instead, the petitioners filed an appeal against the judgement and decree passed by the Trial Court and have attempted to get over the finding of the Trial Court by filing an impleading application at the stage of Appeal. The said application is certainly not maintainable before the Appellate court. Unfortunately, proper legal advise has not been given to the petitioners, who are wasting their time by prosecuting the appeal in AS No.7 of 2024.
CRP No. 2479 of 2025 N.ANAND VENKATESH J. RKA
6. In the result, the order passed by the Court below is sustained and this Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Subordinate Judge of The Nilgiris at Udhagamandalam CRP No. 2479 of 2025 AND CMP NO. 14208 OF 2025