ARUMUGAMMAL Vs. ACHAMMAL

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order passed by the learned District Munsif, Kovilpatti in I.A.No.571 of 2015 in O.S.No. 178 of 2012, dated 10.08.2015.

(2.) The revision petitioners are third parties to the suit in O.S.No. 178 of 2012, which is pending on the file of the District Munsif Court, Kovilpatti. The suit is for declaration that the plaintiffs are the joint owners in respect of suit 1st schedule property and for recovery of a portion of suit 1st schedule property encroached by defendants 11 and 12 in the said suit.

(3.) The revision petitioners are third parties to the suit. However, they filed an application to implead them as defendants 13 to 19 in the suit. In the affidavit filed in support of that petition, the revision petitioners stated that the suit property is the joint property of plaintiffs' grandfather, by name, Manna Naicker and his brother, Atcha Nayakkar. It is further stated that the plaintiffs in the suit as well as the revision petitioners are descendents of Manna Naicker and Atcha Naicker and that therefore, the suit without impleading the revision petitioners may affect their interest in the suit property. It is further stated that the petitioners are proper and necessary parties, as they are entitled to protect their right and establish their co-ownership over the suit property. The lower Court dismissed the application filed by the revision petitioners to implead them in the suit. Aggrieved by the same, the above revision petition is filed.