M. Devadoss vs D. Ashok Kumar

Court
Madras High Court

CRP.No.6724 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.6724 of 2026
& CMP.No.28976 of 2026
CNR:{HCMA012320182026}
M.Devadoss
S/o Masilamani,
Residing at No.1/12,
Pillaiyar Koil Street,
Sivapoothamedu,
Vanagaram,
Chennai 600 095.
...Petitioner
Vs
1. D.Ashok Kumar
S/o M.Devadoss,
Residing at No.1/27,
Pillaiyar Koil Street,
Sivapoothamedu,
Andal Nagar,
Chennai 600 095
Kishtammal (Died),
Manicka Naicker (Died),
Alamelu Ammal (Died),
Kasi (Died),
V.Alai (Died)
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CRP.No.6724 of 2026
Baby
2.
W/o Duraikannu
Vasuki Street,
Poothapedu,
Ramapuras (via) Porur,
Saidapet Taluk 600 089
Kistammal (Died),
Damodharan (Died),
Pachaiappan (Died),
Ponni (Died)
3. Rani
W/o Arumugha Naicker
Residing at Pillaiyar Koil Street,
Annanoor Village,
Ayyapakkam Post,
Madras 600 077
4. Sampoornam
W/o Devan Naicker,
Residing at Pillaiyar Koil Street,
Annanoor Village,
Ayyapakkam Post,
Madras 600 077
5. Sundaram
S/o Guruswamipillai,
No.4/7, Gandhinilayam Old Agraharam,
Avadi, Madras 600 054
6. Chidambaram
S/o Seeyala Naicker,
27, Vinyagar Koil Street,
Annanur Village, Madras 600077
Pachaippa Naicker (Died)
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CRP.No.6724 of 2026
Manoharan
7.
S/o Pachaippa Naicker
Residing at Boothapedu Village,
Ramapuram, Chennai 600 089
8. Kullammal
D/o Pachaippa Naicker
Residing at Boothapedu Village,
Ramapuram, Chennai 600 089
9. Lalitha
D/o Pachaippa Naicker
Residing at Boothapedu Village,
Ramapuram, Chennai 600 089
10. Suseela, W/o Kasi
Residing at Boothapedu Village,
Ramapuram, Chennai 600 089
11. Vijaya, D/o Kasi
Residing at Boothapedu Village,
Ramapuram, Chennai 600 089
12. Uma, D/o Kasi
Residing at Boothapedu Village,
Ramapuram, Chennai 600 089
13. Kumari, D/o Kasi
Residing at Boothapedu Village,
Ramapuram, Chennai 600 089
14. Selvakumar, S/o Kasi
Residing at Boothapedu Village,
Ramapuram, Chennai 600 089
15. Sathya, D/o Alai
Residing at Vasuki Street,
Poothapedu Village,
Ramapuram, Chennai 600 089
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CRP.No.6724 of 2026
Ramesh, S/o Alai
16.
Residing at Vasuki Street,
Poothapedu Village,
Ramapuram, Chennai 600 089
17. Ravichandran, S/o Alai
Residing at Vasuki Street,
Poothapedu Village,
Ramapuram, Chennai 600 089
18. Usha, D/o Alai
Residing at Vasuki Street,
Poothapedu Village,
Ramapuram, Chennai 600 089
19. P.Selvam, S/o Pachiyappan
Residing at No.31,
Kuppusamy Naicker Street,
Poothapedu, Porur,
Chennai 600 089
20. B.Sakila, D/o Pachiyappan
Residing at No.31,
Kuppusamy Naicker Street,
Poothapedu, Porur,
Chennai 600 089
21. U.Annammal
D/o Pachiyappan
Residing at No.31,
Kuppusamy Naicker Street,
Poothapedu, Porur,
Chennai 600 089
22. P.Thatchayani
D/o Pachiyappan
Residing at No.31,
Kuppusamy Naicker Street,
Poothapedu, Porur,
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CRP.No.6724 of 2026
Chennai 600 089
P.Kousalya (Died)
23. P.Karpagam
D/o Pachiyappan
Residing at No.35,
Pillaiyar Koil Street,
Annanoor, Chennai 600 077
24. D.Devika
W/o Damodharan
Residing at No.33/20,
Pillaiyar Koil Street,
Annanoor, Chennai 600 077
25. D.Sasikumar
S/o Damodharan
Residing at No.33/20,
Pillaiyar Koil Street,
Annanoor, Chennai 600 077
26. D.Nalini
D/o Damodharan
Residing at No.33/20,
Pillaiyar Koil Street,
Annanoor, Chennai 600 077.
...Respondents
PETITION under Article 227 of The Constitution of India
against the order dated 21.8.2026 passed in I.A.No.8 of 2026 in
O.S.No.522 of 2007 on the file of the District Munsif Court at
Ambattur.
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CRP.No.6724 of 2026
For Petitioner: Mr.K.Balaji
ORDER
This civil revision petition has been filed under Article 227 of
The Constitution of India against the order 21.8.2026 passed in
I.A.No.8 of 2026 in O.S.No.522 of 2007 on the file of the District
Munsif Court at Ambattur (for short, the Court below) wherein the
application filed by the first respondent under Order I Rule 10 of the
th
Civil Procedure Code (CPC) seeking to implead himself as the 36
defendant in the said suit, came to be allowed.
2. Heard the learned counsel for the petitioner.
3. This Court has carefully considered the submissions of the
learned counsel for the petitioner/second plaintiff and perused the
materials available on record and more particularly the impugned
order.
4. The said suit was originally filed by one Mrs.Kishtammal in
the year 1983 seeking for the relief of partition. The said
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CRP.No.6724 of 2026
Mrs.Kishtammal was said to have executed a will in favour of the
petitioner and she died in the year 2004, pursuant to which, the
petitioner was impleaded as the second plaintiff in the said suit.
5. When the said suit was at the stage of examination of
witnesses on the side of the defendants, the first respondent filed
the said application under Order I Rule 10 of the CPC seeking to
implead himself as D36 in the said suit on the ground that the said
Mrs.Kishtammal died intestate leaving behind the petitioner/second
plaintiff and the first respondent/D36, that the first respondent/D36
also has a share in the suit property and that therefore, the first
respondent/D36 was a necessary and proper party to the
proceedings. The first respondent/D36 also disregarded the will that
was said to have been executed by the said Mrs.Kishtammal in
favour of the petitioner/second plaintiff.
6. Ultimately, the Court below allowed the said application by
the impugned order on the ground that the first respondent is the
st
grandson of the said Mrs.Kishtammal - 1 plaintiff and that
therefore, he would be a necessary party to the said suit. Aggrieved
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CRP.No.6724 of 2026
by that, the above civil revision petition has been filed before this
Court.
7. The said Mrs.Kishtammal is the mother in law of the
petitioner/2nd plaintiff.
8. The petitioner/2nd plaintiff is seriously contesting the right
of the first respondent/D36 and has taken a stand that the said suit
is of the year 1983, that the said application has been filed only in
the year 2026 when the said suit was at the stage of examination of
witnesses on the side of the defendants, that the said application
has been filed only to drag on the proceedings, that the first
respondent/D36 is not the son of the said Mrs.Kishtammal and that
he is only the son of the petitioner/2nd plaintiff and one
Mrs.Ranjitham and the grandson of the said Mrs.Kishtammal.
9. In the considered view of this Court, if this revision is
entertained and kept pending, it will only result in further delaying
the disposal of the said suit. Therefore, it will suffice if an
observation is made by this Court to the effect that the
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CRP.No.6724 of 2026
petitioner/2nd plaintiff is seriously contesting the right claimed by
the first respondent/D36 in view of the will that was executed by the
said Mrs.Kishtammal in favour of the petitioner/2nd plaintiff and that
by virtue of impleading the first respondent/D36, it is not necessary
for the Court below to reopen the evidence. It will also suffice only
to consider the right that is claimed by the first respondent/D36 by
dealing with the evidence that is let in by the parties to the
proceedings.
10. The civil revision petition is disposed of with the above
observations and with a direction to the District Munsif Court,
Ambattur to dispose of O.S.No.522 of 2007 within a period of three
months from the date of receipt of a copy of this order and submit a
report before this Court. Consequently, the connected CMP is closed.

26-10-2026
To
The District Munsif Court, Ambattur.
RS
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CRP.No.6724 of 2026
N.ANAND VENKATESH,J
RS
CRP.No.6724 of 2026&
CMP.No.28976 of 2026
26-10-2026
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