CRP/6490/2026 of S. Thilagavathi Vs Anandhi on 29 October 2026

ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 10.08.2026 passed in I.A.No.13 of 2026 in O.S.No.348 of 2025 by the V Additional District Munsif Court, Coimbatore, wherein the application filed by the petitioner under Order I Rule

10(2) CPC to get herself impleaded in the pending suit, came to be rejected by the Court below.

2. Heard learned counsel for petitioner and learned standing counsel appearing for second respondent.

3. The first respondent is the plaintiff, who filed the suit in O.S.No.348 of 2025 seeking for the relief of partition and for allotment of 1/6th share and for declaring certain documents as null and void and for other consequential reliefs.

4. The petitioner filed an application in I.A.No.13 of 2026 in O.S.No.348 of 2025 under Order I Rule 10 CPC to implead herself as a proposed party in the suit mainly on the ground that the first respondent/plaintiff has put up an illegal construction and while doing so, has also encroached upon the property belonging to the petitioner and that a complaint was given to the Coimbatore Municipal Corporation, based on which, proceedings were initiated against the first respondent/plaintiff for illegal construction and the same was put to challenge by way of filing a writ petition before this Court where the petitioner was also made as a respondent, whereas, when the suit was filed before the Court below, the petitioner was not made as a party to the proceedings. Hence, the petitioner filed an application to implead herself as the proposed defendant in the suit.

5. The application came to be dismissed by the Court below mainly on the ground that the petitioner is not a proper party to the proceedings considering the nature of relief sought for by the first respondent/plaintiff.

6. In the considered view of this Court, insofar as illegal construction is concerned, based on the complaint given by the petitioner, the Coimbatore Municipal Corporation has initiated proceedings, which has been put to challenge in the writ petition where the petitioner is a party. Therefore, insofar as the illegal construction is concerned, the proceedings have been initiated by the Coimbatore Municipal Corporation.

7. The next grievance is that such illegal construction was made by encroaching upon the property belonging to the petitioner. The petitioner, by merely impleading herself as the defendant in the suit, cannot in any manner get the relief and the petitioner has to necessarily file a suit seeking for the relief of mandatory injunction and recovery of possession in order to restore the portion of the property, which is alleged to have been encroached. The order passed by the Court below does not suffer from any perversity warranting interference of this Court since the petitioner is neither a necessary nor a proper party in the present suit. The petitioner has an independent grievance and an independent cause of action to proceed against the first respondent/plaintiff and it is left open to the petitioner to initiate such proceedings based on such cause of

N.ANAND VENKATESH, J. gm action. Except giving this clarity, this Court does not find any ground to interfere with the order passed by the Court below. Accordingly, the impugned order is sustained and this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The V Additional District Munsif Court, Coimbatore.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Revision Petition No.6490 of 2026 and C.M.P.No.27931 of 2026 CNR: {HCMA012064912026} S.Thilagavathi D/o.M.Subramaniam ..Petitioner Vs

3. Anandhi W/o.Prabakaran

4. The Commissioner, Coimbatore Municipal Corporation, Big Bazaar Street, Town Hall, Coimbatore 641 001. ..Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 10.08.2026 passed in I.A.No.13 of 2026 in O.S.No.348 of 2025 on the file of the learned V Additional District Munsif Court, Coimbatore. For Petitioner : Mr.M.Elumalai For Respondents : Mr.N.Velmurugan Standing Counsel [R2] *****

ORDER

Today, the matter has been listed under the caption “for being mentioned” on the ground that there is an inadvertent mistake that has crept in

Paragraph No.3 of the order. Therefore, Paragraph No.3 of the order dated 12.10.2026 shall be replaced as follows:- N.ANAND VENKATESH.,J RKA “ The first respondent is the plaintiff, who filed the suit in O.S.No.348 of 2025 seeking for the relief of permanent injunction.”

2. The Registry is directed to carry out the necessary correction in the order and issue fresh order copy. 29-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rka