Madras High Court
CRP/2485/2025 of GUNASEKARAN Vs V.S.MANI on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP Nos. 2485 and 2486 of 2025
CNR:{HCMA011296902025}
AND
CMP NO. 14227 OF 2025
1. Gunasekaran
S/o. Jayavel
2. Vasanth
S/o. Jayavel
3. Devanathan
S/o. Jayavel
..Petitioner(s)
Vs
1. V.S.Mani
S/o. V.Sabapathi
2. Marimuthu
S/o. Balakrishna
3. Thirumalai Selvi
W/o. Purushothaman
4. Ramya
D/o. Purushothaman
5. Monisha
D/o. Purushothaman,
6. Minor Tharun Prasad
S/o. Purushothamn, Minor Rep by his Mother and Natural Guardian Thirumalai Selvi,Residing at 12/18, 19th Street, Anjugam nagar, Kolathur,
Chennai-600 099
7. Savithri
W/o. Late Venkatesan
..Respondent(s)
CRP No. 2486 of 2025
CNR:{HCMA011296892025}
1. Gunasekaran
S/o. Jayavel
2. Vasanth
S/o. Jayavel
3. Devanathan
S/o. Jayavel
..Petitioners(s)
Vs
1. M. Ellammal
W/o.V.S.Mani
2. Marimuthu
S/o. Balakrishna
3. Thirumalai Selvi
W/o. Purushothaman
4. Ramya
D/o. Purushothaman,
5. Monisha
D/o. Purushothaman,Residing at 12/18, 19th Street, Anjugam nagar, Kolathur, Chennai-600
6. Minor Tharun Prasad
S/o. Purushothamn, Minor Rep by his Mother and
Natural Guardian Thirumalai Selvi,Residing at 12/18, 19th Street, Anjugam nagar, Kolathur, Chennai-600 099
7. Savithri
W/o. Late Venkatesan
..Respondent(s)
CRP No. 2485 of 2025
Civil Revision Petition filed under Article 227 of the Constitution of India praying to allow the above CRP by setting aside the fair and Decretal order dated 07-11-2024 passed in I.A.NO.09/2024 in O.S.No.37/2022 on the file of the Principal District Court, Chengalpattu District.
CRP No. 2486 of 2025
Civil Revision Petition filed under Article 227 of the Constitution of India praying to allow the above CRP by setting aside the fair and Decretal order dated 07-11-2024 passed in I.A.NO.07/2024 in O.S.No.37/2022 on the file of the Principal District Court, Chengalpattu District For Petitioner(s):
Mr.K.Govi Ganesan
For Respondent(s):
M/S.V.B.THIRUPATHIKUMAR for R1
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Common Order
These Civil Revision Petitions have been filed challenging the fair and decretal order passed in IA Nos.7 and 9 of 2024 in OS No.37 of 2022 wherein the applications filed by the 1st respondent / 3rd party to implead themselves as proposed defendants, came to be allowed 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 are the plaintiffs, who filed the suit in OS No.37 of 2022 seeking for the relief of partition and for allotment of their respective shares in the suit property and for other consequential reliefs. The 1st respondent in each Civil Revision Petition is a third party, who is said to have purchased a portion of the property from the 1st defendant in the suit. Hence, applications were filed before the Court below under Order I Rule 10 of CPC to implead them as proposed defendants. The Court below allowed the applications and aggrieved by the same, these Civil Revision Petitions have been filed before this Court.
4. The main ground that was urged on the side of the petitioners is that admittedly the 1st respondent /3rd party are lis pendens purchasers and are not bona fide purchasers and they cannot take any stand regarding the shares to be allotted to the various parties and therefore, they are neither necessary nor proper parties to the suit. The plaintiff being dominus litis, cannot be compelled to implead them as defendants.
5. In the considered view of this Court, It is true that the 1st respondent /3rd parties cannot make any independent claim and that the very sale made in favour of the 1st respondent /3rd parties are subject to the final result in the suit. In other words, whatever is ultimately allotted to the 1st defendant, alone will go in favour of the 3rd parties. However, this Court must keep in mind that the present suit is a suit for partition which will ultimately reach the stage of final decree. At that stage, depending upon the share that is allotted to the parties, the property will be divided by metes and bounds and at that time, while balancing the equities, the purchase made by the 3rd parties will have a bearing, if ultimately a share is allotted in favour of the 1st defendant who has sold the property in favour of the 3rd parties. In view of the same, the 1st respondent /3rd parties are proper parties to the proceedings.
6. In the light of the above discussion, the orders passed by the Court below does not suffer from any perversity warranting the interference of this Court and accordingly, the same is sustained. These Civil Revision Petitions stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Consequently, the connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To, The Principal District Court, Chengalpattu District
N.ANAND VENKATESH J. RKA CRP Nos. 2485 and 2486 of 2025 AND CMP NO. 14227 OF 2025 15-10-2026