NAGALINGAM Vs. M SIVALINGAM; RAJINI MAHALINGAM; N MANIKANDAN

JUDGEMENT

(1.) Undaunted by the order of dismissal dated 01.9.2015 passed by the learned single Judge in A. No. 4020 of 2015 in C.S. No. 545 of 2007 seeking impleadment, the applicant has preferred the instant Appeal.

(2.) From the materials available on record, it is seen that the plaintiff filed suit in C.S. No. 545 of 2007 for declaration that he is the sole and absolute owner of the suit property bearing Flat No. G-3, No. 43, Old No. 18 & 19, 1st Avenue, Indira Nagar, Adyar, Chennai - 20, and for direction to the defendants to vacate and hand over possession of the same. It is seen that originally, the plaintiff's brother-in-law and his family viz., wife and his son, respondents / defendants, were put in possession of the suit property and pursuant to the death of his brother-in-law, due to the difference of opinion that arose between the parties, they were sought to be evicted by way of filing the suit. While so, the present appellant, who is the younger brother of the plaintiff's brother-in-law, ie., the brother-in-law of the first respondent herein, has filed Application No. 4020 of 2015 seeking to implead himself as third defendant in the suit.

(3.) Heard the learned counsel appearing for the parties and perused the records.