M N SAMBHAVI Vs. A RAJAGOPAL

JUDGEMENT

(1.) THE Plaintiffs in O. S. No. 208 of 1986 on the file of District Munsif Court , Madurai are the Revision Petitioners. O. S. No. 208 of 1986 has been filed for removal of encroachment. THEse Civil revision Petitions arise out of the orders dated 21. 03. 2003 and 07. 04. 2003 made in I. A. Nos. 180 and 181 of 2003 in O. S. No. 208 of 1986 by the Additional District munsif, Madurai, allowing the Petition for filing Additional Written Statement and Impleading the Parties.

(2.) O. S. No. 208 of 1986:- The Suit Property is a portion of r. S. No. 15/1 in Managiri Village, Madurai Corporation Limit. The Family of the plaintiffs'purchased an extent of 0. 39 Cents out of 79 cents in R. S. No. 15/1 from Muppadathi alias Karuppanan. Respondents 1 and 2 / Defendants 1 and 2 have purchased the portion of R. S. No. 15/1 on the South of the Suit Property from one ammakudi. The Plaintiffs and Defendants 1 and 2 claim to be the owners of different portions of R. S. No. 15/1. The Defendants 1 and 2 are alleged to have encroached into the Northern portion of S. No. 15/1. The Plaintiffs have further alleged that the Defendants 1 and 2 are interfering with the possession and enjoyment. Hence, the Suit has been filed for Permanent Injunction and also for mandatory Injunction, directing the Defendants to remove the disputed construction - Two Steps Platform, Drainage and Sunshade etc.

(3.) AT that stage, I. A. Nos. 180 and 181 of 2003 were filed by the Defendants to receive the Additional Written Statement and to implead the Eighth Respondent Arulmighu Meenakshi Sundareswarar etc. , Devasthanam, madurai as D-8. According to the Defendants, the proposed party - Arulmighu meenakshi Sundareswarar etc. , Devasthanam (hereinafter referred to as "devasthanam") is the true owner and the Title of the Suit Property vests with Devasthanam and hence, Devasthanam is a necessary party to the Suit. The Defendants have further alleged that the proposed party Devasthanam has already filed O. S. No. 739 of 1988 on the file of Subordinate Court, Madurai. As per the Plaint averments in O. S. No. 739 of 1988, the Suit Property belongs to devasthanam and the Vendor of the Suit Property to the Plaintiffs had no saleable right in the Suit Property. On the above averments, Applications have been filed to receive Additional Written Statement and that "arulmighu meenakshi Sundareswarar etc. , Devasthanam" is a necessary party to the suit.