N.GOVINDAMMAL Vs. M.A.THIAGARAJAN

JUDGEMENT

(1.) The plaintiffs are the revision petitioners before this Court, challenging the order passed in I.A.No.308 of 2012 in O.S.No.1091 of 2008 dated 14.03.2013, on the file of the Principal District Munsif Court, Salem.

(2.) The case of the plaintiffs is that they filed the suit against the defendants 1 to 3 for declaration declaring the plaintiffs 1 and 2 are entitled the suit property as per the settlement deed dated 20.02.2006, registered as Doc.No.311 of 2006 with the third defendant consequentially restraining the defendants 1 and 2 from in any way disturbing and interfering the peaceful possession and enjoyment of the suit property. Pending suit, the first respondent/proposed party Mr.M.A.Thiagarajan has filed I.A.No.308 of 2012 in O.S.No.1091 of 2008 under Order 1 Rule 10(2) read with Section 151 of C.P.C. with a prayer to implead the petitioner/3 rd party as 4th defendant in the suit to avoid multiplicity of proceedings.

(3.) The case of the fist respondent/proposed party is that the suit schedule mentioned properties and other parts of the properties originally belongs to one Vellaiya boyan and the said Vellaiya boyan's legal heirs are Rajan boyan and Rathinam ammal being his son and daughter along with his wife Veerammal. The said Vellaiya boyan's son namely Raja boyan was in possession and enjoyment of the Vellaiya boyan's properties being his only son.