THEN TAMILSELVI Vs. TAMILVANAN AND OTHERS

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 09.10.2014 made in I.A.No.384 of 2014 in O.S.No.90 of 2003 on the file of the Additional District Munsif Court, Namakkal.

(2.) The petitioner is third party, first respondent is plaintiff and respondents 2 and 3 are the defendants in O.S.No.90 of 2003 on the file of the District Munsif Court, Namakkal. The first respondent filed said suit against the respondents 2 and 3 for permanent injunction restraining the respondents 2 and 3 from preventing the first respondent to construct bathrooms in P1 portion and for permanent injunction restraining the respondents 2 and 3 from interfering or encroaching or disturbing the land in P series, passage and canal along with S1, S2, K1 and K2 portion. The respondents 2 and 3 filed written statement on 10.04.2003 and are contesting the suit. When the suit was ripe for trial, the petitioner filed I.A.No.384 of 2014 for impleading herself as third defendant in the suit.

(3.) According to the petitioner, she filed O.S.No.106 of 2012 for partition against the respondents 1 and 2 and others and a preliminary decree was passed and final decree application filed by her is pending. The respondents are colluding together and created documents including the property of the petitioner and filed present suit. She came to know about the present suit through the son of the respondents 2 and 3. Therefore, the petitioner is necessary and proper party to the suit.