Mallika vs Paranthaman
- Court
- Madras High Court
CRP No. 3053 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 3053 of 2023
and CMP No.18902 of 2023
CNR: {HCMA011355062023}
1. Mallika
W/o. Late. Souprayane @ Jayagopal, D/o.
Subramani, No.30, Mariamman Koil St,
Korkadu Melasathamangalam,
Sathamangalam, Puducherry 605 110.
2. Gounasoundary
D/o. Lat.e Souprayane @ Jayagopal, W/o.
Krishnamoorthy, No.6, Tharka Veethi, Bhour
Post, Pondicherry 607 402.
3. Chitra
D/o. Late. Souprayane @ Jayagopal, W/o.
Madhavan, No.21, Mariamman Koil St,
Melsathamangalam, Villianur Commune,
Korkadu, Puducherry 605 110.
4. Puthan
S/o. Late. Souprayane @ Jayagopal, No.31,
Mariamman Koil St, Melsathamangalam,
Sathamangalam, Puducherry 605 110.
5. Ezhumalai
S/o. Late. Souprayane @ Jayagopal, D/o.
Subramani, No.21, Marimman Kovil St,
Melsathamangalam, Sathamangalam,
Puducherry 605 110.
__________
Page1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:55 pm )
CRP No. 3053 of 2023
6. Udhayakumar
S/o. Late. Souprayane @ Jayagopal, No.30,
Mariamman Kovil St, Melsathamangalam,
Puducherry 605 110.
..Petitioner(s)
Vs
1. Paranthaman
S/o. Narayanasamy Coundar, No.42,
Mariamman Koil St, Melsathamangalam,
Villianur, Puducherry.
2. Madhava Kounder
S/o. Vasudeva Kounder, Murugan Koil St,
Villianur, Puducherry 605 110.
..Respondent(s)
Prayer:
Petition filed under Article 227 of the Constitution of India, to set aside
the Fair and Final Order dated 28.04.2023 made IA No.52 of 2023 in OS
No.386 of 2015 on the file of the I Additional District Munsif, Puducherry.
For Petitioner(s): Mr.Abdul Kareem
for Mr. K.S.Karthik Raja
For Respondent(s): Mr.R.Harikrishnan for R1
for R2-NRN
ORDER
This Civil Revision Petition has been filed under Article 227 of the
Constitution of India, against the fair and decreetal order passed in IA No.52 of
2023 in OS No.386 of 2015, dated 28.04.2023, on the file of the I Additional
__________
Page2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:55 pm )
CRP No. 3053 of 2023
District Munsif, Puducherry, wherein the application filed by the petitioners
under Order I Rule 10 of CPC, to implead them as proposed defendant came to
be dismissed by the Court below.
2.Heard the learned counsel for the petitioners and the learned counsel
appearing on behalf of the respondents.
3.This Court carefully considered the submissions made on either side
and the materials available on record. This Court also went through the order
passed by the Court below.
st
4.The 1 respondent is the plaintiff who filed the suit in OS.No.386 of
2025, seeking for the relief of declaration and for recovery of possession. The
schedule of property in the plaint is an extent of 26 kuzhies and 3 veesams (14
ares).
5.The petitioners filed IA.No.52 of 2023 under Order I Rule 10 of CPC,
to implead them as proposed defendants in this suit on the ground that they are
the real owners of the suit property and are in possession and enjoyment of the
property and therefore they are necessary and proper parties to the proceedings.
__________
Page3 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:55 pm )
CRP No. 3053 of 2023
6.The Court below dismissed the application mainly on the ground that
the petitioners failed to establish before the Court that they have any right over
the suit property. The Court below came to a conclusion that Subburayan @
Jayagopal sold the property in favour of S.Kothandapani and the petitioners
therefore do not have any right over the property.
7.When the matter was taken up for hearing today, the learned counsel for
the petitioners submitted that S.Kothandapani, who purchased the property
under the sale deed dated 28.6.1977 in turn sold the property in the name of the
petitioners by a registered sale deed dated 20.10.2022. By virtue of the same,
the petitioners are the owners of 15 kuzhies and 11 veesams. This document
was not filed before the Court below and it was produced before this Court at
the time of hearing.
8.While testing the order passed by the Court below, this Court can only
look into the averments made in the affidavit filed in support of the application
and the documents relied upon by the petitioners. The Court below did not
have the advantage of the document that is now produced before the Court by
the petitioners. Therefore, the said document cannot be a ground to test the
order passed by the Court below.
__________
Page4 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:55 pm )
CRP No. 3053 of 2023
9.In view of the above, this Court is inclined to remand the matter back
to the file of the I Additional District Munsif, Puducherry and direct the
petitioners to file additional affidavit along with the relevant documents. The
respondent/plaintiff can file a counter and the Court below can apply its mind
and pass fresh orders within the time frame fixed by this Court.
10.In the light of the above discussion, this CRP is disposed of by
remitting the application filed in IA.No.52 of 2023 back to the file of the I
Additional District Munsif Court, Puducherry. The petitioners are directed to
file an additional affidavit along with the relevant documents and the
respondent/plaintiff shall be permitted to file a counter. The application is
directed to be disposed of within a period of four weeks after the counter is filed
by the respondent/plaintiff. The earlier order passed by the Court below or the
order passed in the present CRP will not have any bearing when the Court
below deals with the application afresh.
11.In the result, this Civil Revision Petition is disposed of in above temrs.
No costs. Consequently, connected miscellaneous petition is closed.
02-11-2026
Index: yes/No
Speaking/Non-Speaking Order
Neutral Citation : Yes/No.
KP
__________
Page5 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:55 pm )
CRP No. 3053 of 2023
To
I Additional District Munsif,
Puducherry.
__________
Page6 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:55 pm )
CRP No. 3053 of 2023
N.ANAND VENKATESH, J.
KP
CRP No. 3053 of 2023
02-11-2026
__________
Page7 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:55 pm )