Madras High Court
CRP/1404/2024 of P.BASKAR Vs M.VETRIVENDHAN on 5 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1404 of 2024
and
CMP No. 7513 of 2024
CNR: {HCMA010563352024}
P.Baskar
..Petitioner(s)
Vs
1. M.Vetrivendhan
2. Varadharajan
3. Sudhakar
4. Premalatha
5. Kalaimani
6. Annadurai
7. Jayalakshmi
8. Ramamani
9. Masilamani
10.Madhu
11.Muniappan
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 03.11.2023 made in I.A.No. 5
of 2023 in O.S.No. 305 of 2003 on the file of the Learned Additional Sub Court
(FAC) Dharmapuri.
For Petitioner(s):
Mr. D.Akaash, for Mr. N.Manoharan
For Respondent(s):
Mr. V.Elangovan For Caveator R1
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ORDER
This Civil Revision petition has been filed under Article 227 of the Constitution of India against the fair and decretal order passed in I.A.No. 5 of 2023 in O.S.No. 305 of 2003 on the file of the learned Additional Sub Court (FAC), Dharmapuri wherein the application filed by the 1st respondent / 3rd party under Order I Rule 10 (2) of CPC seeking to implead him as the proposed defendant in the suit, came to be allowed by the Court below.
2. Heard the learned counsel appearing on either side and carefully perused the materials available on record as well as the order passed by the Court below.
3. The petitioner is the 5th plaintiff and he, along with others filed the suit in O.S.No. 305 of 2003 seeking for the relief of declaration and permanent injunction.
4. The 1st respondent, who is the son of the 6th defendant filed I.A. No. 5 of 2023 under Order I Rule 10(2) of CPC to implead himself as the proposed defendant on the ground that his father, the 6th defendant had executed a settlement deed in his favour on 15.12.2006. The said application was allowed by the Court below and aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
5. In the considered view of this Court, the suit is of the year 2003 and the application was filed by the 1st respondent in the year 2023. Admittedly, he is none other than the son of 6th defendant. If the settlement deed had been executed in the year 2006, it defies common sense as to why the application was filed before the Court below only in the year 2023. There is absolutely no reason assigned in the affidavit filed in support of I.A. 5 of 2023 as to why there was a delay of 20 years in filing the application. The Court below has allowed the application even without considering this basic fact.
6. The Order passed by the Court below suffers from perversity warranting the interference of this Court. Admittedly, the settlement deed was executed during the pendency of the suit. Therefore, the settlement deed executed in favour of the 1st respondent / proposed defendant in the year 2006 will be subject to the final result of the suit.
7. In the result, the order passed by Court below in I.A.No. 5 of 2023 in O.S.No. 305 of 2003 is hereby set aside and this Civil Revision Petition stands
N.ANAND VENKATESH, J. RKA / KSK allowed. There shall be a direction to Additional Sub Court (FAC) Dharmapuri, to dispose of O.S.No. 305 of 2003 within a period of three months from the date of receipt of a copy of this order and file a compliance report before this Court. No costs. Consequently, the connected miscellaneous petition stands closed. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA / KSK To The Additional Sub Court (FAC) Dharmapuri.
and CMP No. 7513 of 2024