Madras High Court
CRP/6235/2026 of Minor.Nishanth Vs Ganesan on 6 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
Civil Revision Petition No.6235 of 2026
and
C.M.P.No.26931 of 2026
CNR: {HCMA010891662026}
1. Minor.Nishanth
S/o.Late Kathiravan
2. Minor Dharshini
D/o.Late Kathiravan
(Minor petitioners represented by guardian Mother Manjula)
..Petitioners
Vs
1. Ganesan
S/o.Late Oorpachaimuthu Gounder
2. Muniyammal
W/o Ganesan
3. Kanimozhi
D/o Ganesan
4. The Sub Registrar,
Sub Registrar Office,
Hosur.
5. The District Registrar,
Registrar Office,
Salem Road, New Pet,
Krishnagiri District.
..Respondents
[Cause title accepted vide order dated 19.08.2026 made in C.M.P.No.22423 of 2026 in C.R.P.Sr.No.65943 of 2026]
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair order and decretal order dated 12.09.2025 made in
I.A.No.5 of 2025 in O.S.No.143 of 2024 on the file of the Additional District and Sessions Judge, Dharmapuri.
For Petitioners :
Mr.V.R.Annagandhi
For Respondents :
Mrs.S.Yogalakshmi,
Additional Government Pleader [R4 & R5]
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 12.09.2025 passed in I.A.No.5 of 2025 in O.S.No.143 of 2024 by the learned Additional District and Sessions Judge, Dharmapuri, wherein the application filed by the petitioners/plaintiffs under Order I Rule 10 CPC to implead the proposed parties, came to be rejected by the Court below.
2. Heard learned counsel for petitioners and learned Additional Government Pleader appearing for respondents 4 and 5 and perused the materials available on record. This Court also went through the order passed by the Court below.
3. The petitioners are the plaintiffs who filed the suit in O.S.No.143 of 2024 seeking for the relief of partition and for allotment of 2/5 share in the suit property and for other consequential reliefs.
4. The petitioners filed I.A.No.5 of 2025 in O.S.No.143 of 2024 under Order I Rule 10 C.P.C to implead the Sub Registrar, Hosur and District Registrar, Krishnagiri, as proposed defendants on the ground that during the pendency of the suit, attempts were made to dispose of the subject property and objections were made to the Sub Registrar, Hosur and District Registrar, Krishnagiri and in spite of the same, they refused to record the objections of the petitioners. In view of the same, the petitioners/plaintiffs wanted to implead them as proposed defendants. The Court below has dismissed this application on the ground that the proposed parties are neither proper nor necessary parties to the proceedings. Aggrieved by the said order, the present revision has been filed before this Court.
5. In the considered view of this Court, the reasoning given by the Court below does not suffer from any perversity warranting interference of this Court. The Sub Registrar and the District Registrar are neither proper nor necessary parties to the suit. If attempts are made to dispose of the subject property, the petitioners can only seek for an order of interim injunction and just because the protest made by the plaintiffs has not been recorded by the Registrar, they cannot be added as parties in the suit.
N.ANAND VENKATESH, J. gm/ksk In view of the above, the impugned order is sustained and this civil revision petition is dismissed. Considering the fact that the suit is of the year 2024, there shall be a direction to the learned Additional District and Sessions Judge, Dharmapuri, to dispose of the suit in O.S.No.143 of 2024 within a period of six (6) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm/ksk To The Additional District and Sessions Judge, Dharmapuri. Civil Revision Petition No.6235 of 2026