G. Saravanan vs Jayalakshmi

Court
Madras High Court

CRP.No.6739 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6739 of 2026
& CMP.No.29018 of 2026
CNR:{HCMA012483732026}
G.Saravanan
S/o Gopal,
Kanakupillai Vattam,
Chikananguppam Village,
Vaniyampadi Taluk,
Tirupattur District
...Petitioner
Vs
1. Jayalakshmi
W/o Samikannu,
Kamarajar Nagar,
Nekkundhi Village,
Vaniyampadi Taluk,
Tirupattur District
2. Radhammal
W/o Karunakaran,
No.368, 7th Cross,
Indira Nagar, Rajathi Nagar,
Bengaluru, Karnataka State
3. Rukkumani
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CRP.No.6739 of 2026
W/o Gopal
Sangathu Vattam,
Madhanancheri Village,
Vaniyampadi Taluk,
Tirupattur District
4. Banumathi
W/o Mohan,
Pillaiyar Koil Street,
Bhavani Nagar,
Thiruninravur, Chennai
5. Maniammal
W/o Late Masilamani
Chikkanankuppam Post & Village,
Vaniyampadi Taluk,
Tirupattur District
6. Rajagopal
S/o Late Masilamani
Chikkanankuppam Post & Village,
Vaniyampadi Taluk,
Tirupattur District
7. Kumaresan
S/o Late Masilamani
No.11, 5th Street,
Vinoba Nagar, Tondiarpet,
Chennai 600 081
8. Mathankumar
S/o Kumaresan
No.11, 5th Street,
Vinoba Nagar, Tondiarpet,
Chennai 600 081
9. Seenivasan
S/o Kumaresan
No.11, 5th Street,
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CRP.No.6739 of 2026
Vinoba Nagar, Tondiarpet,
Chennai 600 081
10. Mahalakshmi
D/o Kumaresan
No.11, 5th Street,
Vinoba Nagar, Tondiarpet,
Chennai 600 081
11. Venugopal
S/o Kumaresan
No.11, 5th Street,
Vinoba Nagar,
Tondiarpet, Chennai 600 081
12. Senthamilselvi
D/o Venugopal
No.11, 5th Street,
Vinoba Nagar, Tondiarpet,
Chennai 600 081
13. Sakthivel
S/o Venugopal
No.11, 5th Street,
Vinoba Nagar, Tondiarpet,
Chennai 600 081
14. Shalini
D/o Venugopal
No.11, 5th Street,
Vinoba Nagar, Tondiarpet,
Chennai 600 081
15. Balu, S/o Late Masilamani
Keezh Vattam,
Chikkanankuppam Post & Village,
Vaniyampadi Taluk,
Tirupattur District
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CRP.No.6739 of 2026
Chandrasekar
16.
S/o Chinnadurai,
Mel Alinjikulam Village,
Devasthanam Post,
Vaniyampadi Taluk,
Tirupattur District.
...Respondents
PETITION under Article 227 of The Constitution of India
against the fair and decretal order dated 22.7.2026 made in I.A.No.
1 of 2026 in O.S.No.40 of 2021 on the file of the District Court,
Tirupattur.
For Petitioner: Mr.S.N.Ravichandran
ORDER
This civil revision petition has been filed under Article 227 of
The Constitution of India against the order dated 22.7.2026 made in
I.A.No.1 of 2026 in O.S.No.40 of 2021 on the file of the District
Court, Tirupattur (for short, the Court below) wherein the
application filed by respondents 1 to 4/plaintiffs under Order I Rule
10 of the Civil Procedure Code (CPC) seeking to implead the
petitioner as the proposed D13 in the said suit, came to be allowed.
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CRP.No.6739 of 2026
2. Heard the learned counsel for the petitioner.
3. This Court has carefully considered the submissions of the
learned counsel for the petitioner and perused the materials
available on record and more particularly the impugned order.
4. Respondents 1 to 4/plaintiffs filed the said suit seeking for
the relief of partition and for other consequential reliefs. During the
pendency of the said suit, respondents 1 to 4/plaintiffs filed the said
application seeking to implead the petitioner as D13 in the said suit
on the ground that pending the said suit, D12 executed a sale deed
dated 03.12.2025 in favour of the petitioner/D13 and that therefore,
he would be a necessary party to the proceedings.
5. The grievance of the petitioner is that even though the
petitioner had entered appearance through a counsel, no
opportunity was given to him to contest the said application and
that the Court below straight away allowed the said application
without assigning any reasons and by recording as if the petitioner
did not contest the case and was set ex parte.
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CRP.No.6739 of 2026
6. In the considered view of this Court, even if the petitioner is
permitted to contest the said application, the fact remains that the
petitioner purchased the property, which is the subject matter of the
suit by a sale deed dated 03.12.2025 during the pendency of the
said suit. If, ultimately, the said suit is decreed and the matter
progresses towards final decree proceedings, equitable distribution
of the property must be made. At that point of time, the presence of
the petitioner will be essential since the petitioner purchased suit
property.
7. Therefore, even if the petitioner wants to contest the said
application, nothing substantial is going to come out of such an
opportunity and the result is going to be the same. In view of the
above, even if the petitioner is allowed to contest the said
application, nothing substantial is going to come out in terms of the
result of the said application and this Court does not want such
useless formality to be adopted by the Court below. On that ground,
the impugned order is sustained. It is always open to the petitioner
to file a written statement, take a necessary stand and contest the
said suit.
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CRP.No.6739 of 2026
8. The civil revision petition is disposed of in the above terms.
Consequently, the connected CMP is closed.

26-10-2026
To
The District Court, Tirupattur
RS
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CRP.No.6739 of 2026
N.ANAND VENKATESH,J
RS
CRP.No.6739 of 2026&
CMP.No.29018 of 2026
26-10-2026
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