THRIVENI EARTH MOVERS PRIVATE LIMITED Vs. M.ANBARASI

JUDGEMENT

(1.) When the case came up for hearing, the learned Counsel for the Petitioner submitted that the Petitioner's vendor K.Dhanalakshmi had purchased the property measuring an extent of 1 Acre 17 Cents from the original Plaintiff in O.S.No.08 of 2008 on the file of the learned District Munsif, Perundurai. When the Suit was pending the Plaintiff died. Therefore, his Legal heirs impleaded themselves as Plaintiffs 2 and 3. Subsequently, the Petitioner herein had purchased the property from Dhanalakshmi. The said Dhanalakshmi was Defendant No.7 in the Suit.

(2.) The learned Counsel for the Petitioner invited the attention of this Court to the Plaint averments as well as the schedule of the property. Wherein, the property purchased by Dhanalakshmi the vendor of the Petitioner herein was excluded in the Suit for partition of the land measuring an extent of 1 Acre 17 Cents with specific boundaries. While so, Petitioner was impleaded as Defendant No.9 by the Plaintiff 2 and 3. Aggrieved by the same, he had approached this Court by way of Civil Revision Petition.

(3.) The learned Counsel for the Petitioner further submitted that, during the pendency of this Petition, the learned Counsel for Plaintiff had filed a memo before the learned District Munsif Court stating that Defendant No.9 is not a necessary party. The copy of the said memo is enclosed along with the Additional Typed Set filed by the Petitioner herein. Also he invited the attention of this Court to the status report uploaded in Court Web Portal wherein the memo was returned stating that C.R.P.No.894 of 2020 is pending before this Court.