IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN C.R.P.(PD) No.1258 of 2009 and M.P.No.1 of 2009 M/s.Shell India Marketing Pvt. Ltd. (now known as M/s.Shell India Markets Pvt. Ltd) 8th Floor, "Westminster" New No.70 (Old No.108), Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. Represented by Mr.Mohideen Basheer The Network Development Manager, Retail. .. Petitioner. Versus 1.T.M.Velusamy 2.T.M.Arumugam 3.N.Samiappan 4.N.Natraya Raja 5.Mumma Reddy Sreedhara Reddy 6.S.Rajendran 7.Smt.M.Renuka 8.P.Balaraman .. Respondents. PRAYER: Petition filed under Article 227 of the Constitution of India, seeking to set aside the fair and decretal order, dated 14.11.2008, passed in I.A.No.419 of 2008, in O.S.No.659 of 2007, by the Hon'ble Sub Court at Coimbatore and to allow the above Civil Revision Petition. For Petitioner : Mr.Prem Kumar for M/s.King and Patridge For Respondents: Mr.A.S.Vijayaraghavan (R1) Mr.K.Govi Ganesan (R8) O R D E R
This Civil Revision Petition has been filed against the fair and decretal order, dated 14.11.2008, made in I.A.No.419 of 2008, in O.S.No.659 of 2007, on the file of the Subordinate Court, Coimbatore.
2. The petitioner has been impleaded as the 8th defendant in the suit, in O.S.No.659 of 2007, by the order of the Subordinate Court, Coimbatore, dated 14.11.2008, made in I.A.No.419 of 2008.
3. This Civil Revision Petition has been filed against the said order stating that the petitioner Company had purchased the property, in S.No.18/2A3E, having an extent of 50 cents, vide sale deed, dated 30.8.2007, registered as Document No.11183 of 2007 and an extent of 15 cents and 60 Sq.Ft in S.No.18/2B, vide sale deed, dated 30.8.2007, bearing Document No.11184/2007.
4. It has also been stated that the properties purchased by the petitioner Company is falling outside the suit schedule properties. Further, it has also been stated that both the sale deeds, dated 30.8.2007, were prior to the filing of the suit, as the suit had been filed, on 6.11.2007. Therefore, the order of the learned Subordinate Judge, Coimbatore, dated 14.11.2008, made in I.A.No.419 of 2008, is erroneous and illegal.
5. The learned counsels appearing on behalf of the first and the eighth defendant had submitted that the learned Subordinate Judge, Coimbatore, had passed the order, dated 14.11.2008, in I.A.No.419 of 2008, stating that the petitioner Company is a necessary party in the suit, in O.S.No.659 of 2007, to decide the dispute amongst the parties concerned, in respect of the suit schedule property, in a proper manner. Further, since the petitioner Company had purchased a portion of the suit schedule property, from the fourth defendant, by way of two sale deeds, dated 30.8.2007, it is necessary for the petitioner Company to be impleaded, as the eighth defendant in the suit, for proper adjudication of the issues arising for its consideration.
6. Even though the learned counsel appearing on behalf of the petitioner Company had submitted that the properties purchased by the petitioner Company falls outside the properties belonging to the fourth defendant, which is forming a part of the suit schedule property, the said issue can only be decided at the time of the trial Court in the suit, in O.S.No.659 of 2007. In such circumstances, the Civil Revision Petition filed by the petitioner is devoid of merits. Hence, it stands dismissed. However, the learned Subordinate Judge, Coimbatore, is directed to hear and dispose of the suit, in O.S.No.659 of 2007, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.
The Civil Revision Petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Index:Yes/No 25-03-2010
Internet:Yes/No
csh
To
The Subordinate Court,
Coimbatore.
M.JAICHANDREN J.
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C.R.P.(PD) No.1258 of 2009
25-03-2010