Sarasu vs Thangamani (Died), 1.Venkatachalam

Court
Madras High Court

CRP No. 6953 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6953 of 2026
and CMP No. 29922 of 2026
CNR: {HCMA012436922026}
1. Sarasu
Wife of Late Rangasamy ,
Jaikendra Nagar, 3rd Street,
Thottiamannarai,
Kongu Nagar Post,
Tiruppur.
2. Saravanan
Son of Late Rangasamy ,
Jaikendra Nagar, 3rd Street,
Thottiamannarai,
Kongu Nagar Post,
Tiruppur.
..Petitioner(s)
Vs
Thangamani (Died)
1. Venkatachalam
Son of Late Natarajan,
2/26A, Thottiamannarai,
Kongu Nagar Post,
Tiruppur.
2. Manjula
Wife of Marimuthu
Door No.2/298C, M.G.R.Colony,
Mannarai Village,
Magara Thottiyamannarai,
Tiruppur.
3. Sumathi,
Wife of Duraisamy,
Door No.2/26,
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CRP No. 6953 of 2026
Thottia mannarai,
Tiruppur.
4. Mallika
Wife of Shanmugasundaram,
D.No.80, Katta Bomman Nagar,
Pappanayakan palayam,
Tiruppur.
5. Selvaraj
Son of Krishnasamy,
Door No.21, 2nd Street,
Ranganathapuram,
Kongu nagar Post, Tiruppur North Taluk,
Tiruppur - 641 607.
6. Vijyalakshmi
Wife of Ravichandran,
Door No.5/10, Nettakattipalayam,
Vavipalayam Post,
Tiruppur - 641 607.
7. Mahalakshmi
Wife of Rajeandran,
Door No.29/1, Karunagarapuri,
Golden Nagar Main Road,
Tiruppur -641 607.
8. Santhi
Wife of Ravi,
Door No.41,1st Street,
Ranganathapuram,
Kongu nagar post,
Tiruppur -641 607.
9. Jothi
Wife of Rajesh,
Door No.21, Ranganathapuram,
Ranganaicker Thottam,
Kongunagar Main Road,
Tiruppur -641 607.
10.Dhanalakshmi
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CRP No. 6953 of 2026
Wife of Paramasivam,
Door No.2/193, Therkku Thottam,
T.Mannarai,
Tiruppur -641 607.
11.Sunder Raj
Son of Pappanaicker,
Door No.2/44, Jeyakendera Nagar
2nd Steet Kongu nagar,
T.Mannarai,
Tiruppur -641607.
12.S.Chinnammal
Daughter of Subramaniam,
Door 2/122, Thottia Mannarai,
Tiruppur -41 607.
13.C.Mahalakshmi
Wife of Chandra Kumar,
Door No.18/22, Raja Madha Nagar,
1st Street, Palaiyakkadu North,
Tiruppur North,
Tiruppur -641 607.
14.Thangamani
Wife of Manicka raj,
Door No.5/63B6, Nettakatti palayam,
5th Street, Vavai palayam,
Tiruppur North,
Tiruppur -641 607.
15.P.Rangammal
Wife of Pappa Naicker,
Door No.2/62, Thottiamannarai,
Tiruppur - 641 607.
16.M.Santhi
Wife of. Muthusamy,
Door No.2/21,
Thottimannarai,
Tiruppur - 641 607.
17.R.Jamuna
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CRP No. 6953 of 2026
Wife of Rangasamy,
Door No.430, Roja Nagar,
T.Mannarai,
Tiruppur- 641 607.
18.P.Pappammal
Wife of Parameshwaran,
Door No.5/175,
Annappa Naicker Thottam,
Koolipalayam RS,
Vavi palayam,
Tiruppur.
19.P.Rangammal
Daughter of Pappa Naicker,
Door No.2/162,
Thotttiamannarai,
Tiruppur 641 607.
20.Papathi
Wife of Subramani,
Door No.2/8A,
Bharathi nagar, Kulathupalayam,
Periyapalayam, Uthukuli Taluk,
Tiruppur- 641 607.
21.Nanjammal
Wife of Duraisamy,
Periya bommanaicken palayam,
Neruperichal post,
Tiruppur -641 607.
22.Sumitra
Wife of Bomman,
Door No.2/45B, Kongu nagar Post,
Tiruppur - 641 607.
23.Gokul Harish
Son of Bomman,
Door No.2/45B, Kongu nagar Post,
Tiruppur - 641 607.
24.Jamuna
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CRP No. 6953 of 2026
Daughter of Bomman,
Door No.2/45B, Kongu nagar Post,
Tiruppur North,
Tiruppur -641607.
25.P.Rangammal
Daughter of Chinasamy,
Kovundanaicken palayam,
Tiruppur - 641 607.
26.C.Rangasamy
Son of Chinnasamy,
Door 2/45-B, Thottia Mannarai,
Tiruppur -641 607.
27.G. Vinothkumar
Son of Gopalsamy,
Door No.67, Perumal Kovil Street,
T.Mannarai,
Tiruppur -641 607.
28.M. Vasanthi
Son of Muthusamy,
Door No.23, Gounden Naicker Palayam,
Bharathi Nagar, Tiruppur East,
Tirupur - 641 607.
29.Meena
Wife of Venkatachalam,
No.2/113B, Perumal Kovil South Street,
Thottimannarai, Kongu nagar Post,
Tiruppur North,
Tiruppur -641 607.
..Respondent(s)
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the Fair and Final Order dated 15.09.2026 passed in
I.A.No.225 of2026 in O.S. No. 56 of 2016 on the file of the Additional District
Munsif, Tiruppur by allowing this Civil Revision Petition and thus render
justice.
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CRP No. 6953 of 2026
For Petitioner(s): Ms.R.Danyuktaa Shruti
ORDER
This Civil Revision Petition has been filed under Article 227 of the
Constitution of India challenging the order dated 15.09.2026 passed in
I.A.No.225 of2026 in O.S. No. 56 of 2016 on the file of the Additional District
Munsif, Tiruppur, wherein the application filed by the petitioners/defendants 1
and 2 under Order I Rule 10 of C.P.C., to implead the proposed defendants 6 to
30 as defendants in the suit came to be dismissed by the Court below.
2.Heard the learned counsel for the petitioners and carefully perused the
materials available on record and this Court also carefully went through the
order passed by the Court below.
st
3.The 1 respondent is the plaintiff, who filed the suit in O.S.No.56 of
2016 seeking for the relief of partition and for allotment of a share to the
plaintiff.
4.The petitioners, who are the defendants 1 and 2, filed IA No.225 of
2026 under Order I Rule 10 of C.P.C., to implead the proposed defendants 6 to
30 on the ground that they are the necessary parties to the proceedings, since
they also have a share in the property.
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CRP No. 6953 of 2026
5.The Court below dismissed the application on the ground that the
petitioners had not properly established how the proposed defendants fall under
the branch of Komali Papa Naicker. That apart, a similar application filed by
them earlier in IA No.549 of 2023 also came to be dismissed by the Court
below. Aggrieved by the said order, the present Civil Revision Petition has been
filed before this Court.
6.Upon hearing the learned counsel for the petitioners, this Court did not
find any perversity in the order passed by the Court below. When this Court
expressed its mind, the learned counsel for the petitioners submitted that the suit
has been filed without including all the properties and without impleading all
the necessary parties and that the suit is bad for partial partition. It is further
submitted that the proposed defendants have also filed a suit seeking for
partition with respect to the same properties, in which defendants have been
made as parties.
7.If the proposed defendants have filed another suit in the year 2026
touching upon the same properties, the most appropriate remedy will be to seek
transfer of that suit to be tried along with the present suit, so that the same Court
can deal with all the parties who are claiming a share over the same properties.
That will sufficiently take care of the interests of all the parties. Except giving
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CRP No. 6953 of 2026
this clarity, this Court does not find any ground to interfere with the order
passed by the Court below.
8.In view of the above discussion, the order dated 15.09.2026 passed in
I.A.No.225 of2026 in O.S. No. 56 of 2016 on the file of the Additional District
Munsif, Tiruppur, is confirmed and this Civil Revision Petition stands disposed
of in the above terms. No Costs. Consequently, the connected miscellaneous
petition is closed.
05-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SSR
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CRP No. 6953 of 2026
To
The Additional District Munsif, Tiruppur.
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CRP No. 6953 of 2026
N.ANAND VENKATESH, J.
SSR
CRP No. 6953 of 2026
05-11-2026
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