K R S PONNUCHAMY PANDIAN Vs. VELCHAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the petitioner against the order dated 14.11.2014 in I.A.No.921 of 2011 in O.S.No.213 of 2010 on the file of the District Munsif Court, Kovilpatti, allowing the petition filed under Order 1, Rule 10(2) of C.P.C.

(2.) The respondents 1 and 2, who are third parties to the suit, have filed I.A.No.921 of 2011 under Order 1, Rule 10(2) of C.P.C. seeking to implead them as defendants 2 and 3 in the suit.

(3.) In the affidavit filed in support of the petition, the respondents 1 and 2 have stated that the petitioner herein has filed the suit against the third respondent for specific performance. In the suit schedule properties, 86 cents was allotted to the share of Subbiah Konar, who was the father of the respondents 1 and 2 and after the demise of Subbiah Konar, the respondents 1 and 2 were enjoying the property. The third respondent was the son of Ramasamy Konar, who is the brother of Subbiah Konar and Ramasamy Konar was allotted some other property and he died on 19.9.1967. The petitioner and the third respondent with an ill-motive have jointly obtained patta bearing No.1400. After knowing the same, the respondents 1 and 2 have filed an appeal before the Revenue Divisional Officer, Kovilpatti and after an enquiry, the name of the third respondent was removed from the patta. Now the patta for the suit property and other property stands in the name of the father of respondents 1 and 2.