JUDE PRATHAP Vs. BAVANI RANI

JUDGEMENT

(1.) The present civil revision petition has been filed by a third party to O.S.No.399 of 2017 on the file of the Subordinate Court, Tiruchendur challenging the dismissal of his application to implead himself in the suit as a party defendant.

(2.) The respondents 1 to 7 herein as plaintiffs had filed the above said suit on 23/7/2013 as against the respondents 8 to 10 in the revision petition for the relief of partition of their 7/10th share and separate possession. They have further prayed for the relief of permanent injunction as against the first defendant and his men from in any encumbering the suit schedule properties are allotted to the share of the plaintiffs.

(3.) Along with the suit, the plaintiffs had filed I.A.No.637 of 2013 seeking interim injunction as against the first defendant and his men and agents from in any way encumbering the suit schedule properties. An order of exparte injunction was granted on 23/7/2013 till 7/8/2013. Since summons were not served upon the first defendant, a fresh notice was ordered on 7/8/2013 and the injunction application was adjourned to 21/8/2013 after extending the injunction order. On 21/8/2013, again a fresh notice was issued to the first respondent and after extending the injunction order, it was adjourned to 11/9/2013. On 11/9/2013, again a fresh notice was ordered to the first defendant and after extending the injunction order, it was adjourned to 19/9/2013.