C. BABU Vs. C. JANAKI

JUDGEMENT

(1.) The third defendant is the revision petitioner herein.

(2.) Initially the petitioner's father filed the suit against the 6th respondent for Permanent Injunction restraining him from interference of his father's peaceful possession and his enjoyment of the suit property. Pending the suit, the 6th respondent sold the suit property to the 7th respondent, therefore, the petitioner's father filed a petition for amendment of suit prayer to declare the said sale deed as null and void and the same was dismissed. Against dismissal of the Interlocutory Application, a Civil Revision Petition was filed before Hon'ble High Court of Madras in C.R.P.No.1563 of 2017. While pending the civil revision petition, the petitioner's father died on 01.11.2017 leaving the petitioner and the respondents 1 to 5 as his legal heirs. When such being so, the above said civil revision petition was dismissed by its order dated 10.12.2019 with direction to the trial Court to dispose of the same within three months.

(3.) In the meantime, the respondents 1 to 5 filed an application in I.A.No.1373 of 2018 in the above suit to implead them as the plaintiffs, since there is no cordial relationship between the petitioner and the respondents 1 to 5, they made the petitioner as the 3rd defendant in the above suit. The suit was uncontested as the respondents 1 to 5 colluded with the respondents 6 and 7. Taking into consideration of the above fact, the petitioner filed an Interlocutory Application in I.A.No.4 of 2019 under Order XXIII Rule 1-A of C.P.C to transpose the petitioner as the plaintiff from the 3rd defendant to contest the suit effectively.