NALINI Vs. DHANDAPANI NAIDU

JUDGEMENT

(1.) The petitioner has filed this Civil Revision Petition seeking to set aside the decretal order passed in I.A.No. 1070 of 1999 in O.S.No. 359 of 1996 dated 3.7.2000 on the file of the Principal District Munsif. Ulundurpet, dismissing the application filed by the petitioner for impleading her as party under Order 1 Rule 10 C.P.C.

(2.) Dhandapani Naidu, the first respondent herein filed the suit in O.S.No.259 of 1996 for permanent injunction restraining the respondents 2 and 3 and their men from trespassing into suit properties. According to the plaintiff, a portion of the suit properties was purchased by the plaintiff in 1969 and other portions are his ancestral properties. He has got patta for all these lands and is paying kist for all these patta numbers and enjoying the suit properties for the past 25 years. When he applied for a loan from the Land Development Bank, Tirukoilur in 1996 and deposited all the original title deeds in the bank, the respondents 2 and 3/defendants 1 and 2 attempted to trespass .nto the suit properties by blackmailing the plaintiff on the instigation of the enemies of the plaintiff. In fact, on 25.11.1996 there was an attempt by the defendants to trespass into the suit properties which was successfully prevented. Therefore, thereafter, the plaintiff filed the suit seeking for permanent injunction against the defendants, the respondents 2 and 3 herein in respect of the suit properties.

(3.) The defendants 1 and 2 have written statement claiming title over the suit properties through one Kuppusamy Naidu. Then, after the issues were framed, the case was posted for trial.