CRP/5281/2026 of Johara Ummal Vs K.Abdul Samed on 8 October 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decreetal order passed in IA.No.6 of 2026 in RLTOP No.2 of 2025, dated 20.07.2026, on the file of the Principal District Munsif, Cuddalore, wherein the application filed by the respondents 1 and 2/proposed parties under Order I Rule 10 of CPC, came to be allowed by the Court below.

2. Heard the learned counsel for the petitioner and the learned counsel for respondents 1 and 2.

3. This Court carefully considered the submissions made on either side and the materials available on record. This Court also went through the order passed by the Court below.

4. The petitioner has filed RLTOP No.2 of 2025 against the 3rd respondent herein for eviction. During the pendency of the petition, the 1st and 2nd respondents herein filed IA.No.6 of 2026, to implead themselves as parties on the ground that they are also co-owners of the property and they have a share in the property and already a suit has been filed by them seeking for the relief of partition in OS.No.276 of 2024 and hence the rent has to be deposited in the said suit in order to share the rental proceeds equally among the co-sharers. __________

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CRP No. 5281 of 2026

5. The Court below by an order dated 20.07.2026 allowed the application and aggrieved by the same, the present CRP has been filed before this Court.

6. In the considered view of this Court, the Court below in the RLTOP proceedings is not concerned about the inter se rights between the petitioner and respondents 1 and 2 herein. That issue is already a subject matter in a suit in OS.No.276 of 2024 and it has to be agitated only in the said suit. The RLTOP proceedings confines itself only to the eviction of the tenant who is the 3rd respondent herein. Beyond that, the Court cannot keep the proposed respondents as parties since they are neither necessary nor proper parties to the proceedings.

7. The Court below went wrong in entertaining the application and allowing the same on the ground that it can avoid multiplicity of proceedings. The said reasoning is perverse and the same warrants the interference of this Court in exercise of its jurisdiction under Article 227 of the Constitution of India.

8. The order passed in the present CRP will not have any bearing insofar as the dispute between the parties pending in OS.No.276 of 2024. __________

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CRP No. 5281 of 2026

9. In the result, the order passed in IA.No.6 of 2026 in RLTOP No.2 of 2025, dated 20.07.2026, on the file of the Principal District Munsif, Cuddalore, is set aside and this CRP is allowed. There shall be a direction to the Principal District Munsif, Cuddalore, to dispose of the proceedings in RLTOP No.2 of 2025, within a period of three months from the date of receipt of a copy of the order.

10. In the result, this Civil Revision Petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kp __________

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CRP No. 5281 of 2026

To Principal District Munsif, Cuddalore, Cuddalore District. __________

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CRP No. 5281 of 2026 N.ANAND VENKATESH, J. kp CRP No. 5281 of 2026 08-10-2026 __________

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