T R KRISHNAMOORTHY Vs. T S VENKATESH BABU

JUDGEMENT

(1.) Heard both sides

(2.) O.S. No. 3 of 2005, on the file of the Principal District Munsif, Madurai was filed by the first respondent herein, for injunction restraining the defendants from in anyway alienating or encumbering the suit property in favour of C. Swaminatha Mudaliar Sons & Co., and for directing the defendants to render a true and proper accounts of the income and expenses for the suit properties.

(3.) It is stated in the plaint that the ancestors of the defendants and plaintiff executed a Dharma Inam deed, dated 20.10.1913 and endowed the suit property to the said Dharma Sannithi and the defendants have no right to sell the suit properties and therefore, they must be restrained from selling the suit property to Swaminatha Mudaliar Sons & Co., In the suit, the plaintiff impleaded the 4th defendant, who was also a trustee of the trust. During the pendency of the suit, the 4th defendant died and the 5th defendant was impleaded as his legal heir and the 5th defendant also died and therefore, the 6th defendant was impleaded as his legal heir. After trial, the learned District Munsif dismissed the suit. Aggrieved by the same, the plaintiff filed the appeal in A.S. No. 228 of 2006, on the file of the Principal Sub Court, Madurai and during the pendency of the said appeal, the 3rd respondent in that appeal viz., the 3rd defendant, T.N. Kuppusamy died and therefore, he filed application under Order 22 Rule 4 and 11 CPC to implead the proposed parties, 5th and 6th respondents in the appeal A.S. No. 228 of 2006 as legal heirs of the deceased 3rd respondent stating that the 3rd respondent in A.S. No. 228 of 2006 died issue-less and therefore, his brothers viz., T.N. Ramamurthi and T.N. Krishnamurthi, who are the proposed parties to be added as the legal heirs of the deceased 3rd respondent as the respondents 5 and 6 in the aforesaid appeal. That application was allowed and aggrieved by the same, this civil revision is filed by the defendants 1 and 2 and one of the proposed party T.N. Ramamurthi.