IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH
(Civil Appellate Side)

C.M.P.(MD).No. of 2024
in
S.A.(MD)No. 1299 of 2006

R.Jeyanthi,
W/o. S.K.Rajasekaran,
No.25 Sriram Nagar,
Vadakudhu,
Cuddalore District-607 303 … Petitioner/Proposed 12th Respondent
-Vs-

1. Lakshmana Perumal (Died),

S/o Kalaiah Tehvar,
Rajakoor Village, Rajakoor Post,
Madurai North Taluk,
Madurai District. … 1st Respondent/sole Appellant

2. L.Pugalenthi,
S/o Late Lakshmana Perumal,
2/363, Chinna Rajakoor Village,
Madurai East Taluk,
Madurai District.

3. Kalaivanan,
S/o. Late Lakshmana Perumal,
No.43, West Aavani Moola Veethi,
Madurai 625001.

4. Shantha,
D/o Late Lakshmana Perumal,
3/279, Ayyanan Nagar,
Back side of Pallivasal,
Y.Othakadai,
Madurai- 625107.

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5. Sudha,
D/o Late Lakshmana Perumal,
5/201, Amma Illam,
Arumugam Nagar,
Kullakundu,
Nilakkottai,
Dindigul 624201. … Respondents 2 to 5/Legal heirs of Appellant

6. Bushpathammal,
W/o M.Angappa Thevar,
Vadugathartara lane,
East Masi Street,
Madurai Town.

7. V.K.Thangavel (Died),
S/o Late Kalaiya Thaver,
Rajakoor Village,
Madurai North Taluk,
Madurai District.

8. S.Dhasarathan (Died),
S/o Sangili Thevar,
Rajakoor Village,
Madurai North Taluk,
Madurai District. .. Respondents 6 to 8/Respondents 1 to 3

9. Lakshmi Ammal,
W/o V.K.Thangavel,

10. T.Kalaiah,
S/o V.K.Thangavel,

11. Vengateshwaran,
S/o V.K.Thangavel,

12. T.Parameshwaran,
S/o V.K.Thangavel,

13. Rathinam,
S/o V.K.Thangavel,

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14. Chandra,
D/o V.K.Thangavel,

9 to 14 respondents residing at
Rajakoor Village,
Madurai North Taluk,
Madurai District. …Respondents 9 to 14/Respondents 4 to 9

15. Tamilselvi,
W/o Late Dhasarathan,
Rajakoor Village,
Madurai North Taluk,
Madurai District.

16. Kirubaharan,
S/o Late Dhasarathan,
Rajakoor Village,
Madurai North Taluk,
Madurai District. …Respondents 15 & 16/Respondents 10 & 11/
Legal heirs of Respondent No.3

AFFIDAVIT OF PADMA ANANTHI/ PETITIONER

I, R.Jeyanthi, W/o. S.K.Rajasekaran, Hindu, aged about 56 years,

residing at No.25 Sriram Nagar, Vadakudhu, Cuddalore District-607 303,
now temporarily come down to Madurai and do hereby solemnly affirms
and sincerely state as follows:-

1. I respectfully state that, I am the Petitioner herein and

Proposed Party in the main Second Appeal. I have perused the typed set
of papers along with the main Second Appeal. I have interest in the
subject matter involved in the second appeal and as such I am well
acquitted with the facts and circumstances of the case.

2. I respectfully state that, I am filing this impleading application

under Order 1 Rule 10 of Civil Procedure Code to add me as a party to
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the proceedings of the second appeal which is very much necessary to
adjudicate the lis completely and to settle all the question of law raised in
the second appeal. I am proper and necessary party in the lis involved in
the second appeal. The respondents not arrayed me as a party in the
original suit since I am having title over the subject matter properties in
the original suit proceedings.

3. I respectfully state that, the subject matter property in

S.F.No.29/2A4 measuring an extent of 1.77 Acres in PATTA No.126 in
Sivalingam Village, Thamarai Patti, Sub District Madurai North Taluk,
Madurai District was originally belongs to one Kaliyappa Aasari,
Melaperumal Street, Madurai, he sold the same to one R.V.Kaaliyathevar
vide Registered Sale deed document No.1624/1954 on 21.10.1954 on the
file of Thamaraipatti SRO. Subsequently, the subject matter property and
other properties are jointly enjoyed by R.V.Kaalaiyathever and his wife
Muthammal. After demise of the above said persons their legal heirs
namely V.K.Thangavel Thevar and his brother V.K.Sivasubbaiah Thevar
inherited the all their family properties by succession.
4. I respectfully state that, this said V.K.Thangavel Thevar and
his brother V.K.Sivasubbaiah Thevar orally partitioned their family
properties. After demise of above said persons the legal heirs of
V.K.Thangavelu Thevar
1. T.Lakshmiammal- W/o Late. Thangavelu Thevar,
2. Kaalaiyaa - S/o Late. Thangavelu Thevar
3. Rathinam - S/o Late. Thangavelu Thevar
4. T.Venkateshwaran- S/o Late. Thangavelu Thevar
5. M.Chandra- D/o Late. Thangavelu Thevar
6. V.K.T.Parameshwaran- S/o Late. Thangavelu Thevar

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 And the legal heirs of V.K.Sivasubbiah
1. S. Dhanajeyaraj S/o. –V.K.Sivasubbiah Thevar,
2. S.T.Sivathevan S/o. –V.K.Sivasubbiah Thevar

are jointly executed a Sale deed in respect of the subject matter

property and other property in favour of one Sornalatha, Gomathipuram,
Madurai vide Document No.4760 dated 23.06.2008 on the file of
Thamaraipatti, SRO. The subject matter property was shown as 3rd item in
the above Sale deed. The Revenue entries also changed in the name of
Sornalatha.

5. I respectfully submit that, the said Sornalatha sold the all the
properties purchased from V.K.Thangavelu Thevar & Sivasubbiah Thevar
vagaiyara in my favour vide registered Sale deed Document
No.6899/2022. Before purchase I verified the encumbrance certificate of
the subject matter property there is no encumbrance. Subsequent to my
purchase patta also transferred in my name.

6. I respectfully submit that, I came to know that from the No.1

SRO, Madurai East the 12th Respondent made objection for not to
registered any document in respect of the properties purchased by me
through his letter dated 19.02.2024 in and by which saying that Second
Appeal in S.A.(MD)No.1299/2006 is pending against the subject property.
Thereafter only I came to know that the pendency of the Second Appeal
before this Hon’ble Court.

7. I respectfully state that, after verification of the above Second

Appeal papers I came to know that the 1st Respondent/Appellant filed a
Civil suit against the Respondents 2 to 4 for the relief of declaration,
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injunction and injunction for not to encumber the subject matter property
before the District Munsif Court, Madurai in O.S.No.142 of 2001. The said
suit was decreed vide judgment and decree dated 18.07.2002. The
Respondents 6 to 8 challenged the said judgment and decree in A.S.No.
263 of 2002 before the 1st Additional District Judge, Madurai and the
same was allowed and judgment and decree in suit was set aside on
25.02.2005 aggrieved by the reversal finding of the first appellate court
the 1st Respondent/plaintiff filed the above Second Appeal.
8. I respectfully state that the case of the 1st Respondent/plaintiff is
that the subject suit property was originally belonged to one Balu
Bagyathammal after her demise her daughter Bava Rajamaniyammal sold
the same to him vide registered sale deed dated 07.07.1982 from the date
of purchase he is in possession and enjoyment of the subject suit property.
The 7th respondent/2nd defendant is none other than brother of the 1st
respondent/appellant. The 1st respondent and the 7th respondent also
having their family properties adjacent to the subject suit property.
9. I respectfully state that during the UDR proceedings the
PATTA in respect of the subject suit property issued in the name of the
respondents 6 & 7. The 1st respondent taken steps to cancel the PATTA
and he made a petition on 20.10.2000 before the Thasildar Madurai
North Taluk and subsequently some attempts were being made to
alienate the subject suit property by the respondents 6 & 7 the suit was
came to filed for the above said prayers.
10. I respectfully state that after perusal of the written statement
filed by the respondents 6 & 7 in the subject suit property I have valid
title from my predecessors in title through Kalaiya Thevar and
Muthammal already I narrated above and the 1st respondent vendors had

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no title and the possession and enjoyment of the subject suit property.
The valid title and from the date of purchase the possession and
enjoyment of the subject suit property is with me only till date.
11. I respectfully state that during the pendency of the above 2nd
appeal the 1st respondent/plaintiff died. Hence the legal heirs 2 to 5
respondents are brought on record as appellants 2 to 5 in the main
second appeal.
12. I respectfully state that during the pendency of the above 2nd
appeal respondents 6 & 7 were also died. Therefore the legal heirs of 6th
respondent were impleaded as 4 to 9 respondents and legal heirs of 7th
respondent is impleaded as respondents 10 & 11 in the main second
appeal.
13. I respectfully state that the 1st respondent/ plaintiff and the 7th
respondent/2nd defendant are brothers. I claim title through their father I
purchased the subject suit property from their family members. Moreover
they suppressed the suit and judgment decree stands against them they
sold the subject suit property to one Sornalatha in turn she sold the same
to me. Therefore, I am the bonafide purchaser of the subject suit
property.
10. I humbly submit that, the law laid down in 2005 (11) SCC 403 (
of Amit Kumar Shaw and another –vs- Farida Khatoon and another) is
squarely applicable in this case and crux of the order is as follows:

“…16.The doctrine of lis pendens applies only where the lis is

pending before a Court. Further pending the suit, the
transferee is not entitled as of right to be made a party to the
suit, though the Court has a discretion to make him a party.
But the transferee pendente lite to the extent he has acquired
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 interest from the defendant is vitally interested in the
litigation, whether/the transfer is of the entire interest of the
defendant; the latter having no more interest in the property
may not properly defend the suit. He may collude with the
plaintiff. Hence, though the plaintiff is under no obligation
to make a lis pendens transferee a party; under Order XXII
Rule 10 an alienee pendente lite may be joined as party. As
already notices, the Court has discretion in the matter which
must be judicially exercised and an alienee would ordinarily
be joined as a party to enable him to protect his interests.
The Court has held that a transferee pendente lite of an
interest in immovable property is a representative-in-interest
of the party from whom he has acquired that interest. He is
entitled to be impleaded in the suit or other proceedings
where the transferee pendente lite is made a party to the
litigation; he is entitled to be heard in the matter on the
merits of the case.”

11. I humbly submit that from the above said factual and legal
background, I purchased the subject matter property having valid title by
way of sale deed. Now, in order to defeat my right in the subject matter
properties, only to defraud the purchasers, the legal heirs of
V.K.Thangavel Thevar and his brother V.K.Sivasubbaiah Thevar and the
father of the plaintiff are colluded and evading the Civil Suit proceedings.
Hence, I am the proper and necessary parties to the above second appeal
in order to establish my right in the subject matter property. In such
circumstances we got prima facie case and balance of convenience in our
favour. Hence in the interest of justice it is just and necessary that this
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Hon'ble Court may be pleased to pass an order TO IMPLEAD me as
respondent and rank me as 12th Respondent in the main Second Appeal in
S.A.(MD).No. 1299 of 2006 before this Hon'ble Court. Otherwise we will
be put to irreparable loss and immense hardship. The respondents herein
will not be prejudiced in any manner by allowing the impleading
application. Further, to avoid multiplicity of proceedings the impleading
petition is very much necessary in the second appeal.

For the reasons stated above, it is therefore prayed that this Hon'ble
Court may be pleased to pass an order TO IMPLEAD me as the
Respondent and rank me as 12th Respondents in the main Second Appeal
in S.A.(MD).No. 1299 of 2006 before this Hon'ble Court and thus render
justice.

BEFORE ME
Solemnly affirmed that the contents of
this affidavit were read out and
explained in Tamil in my presence to ADVOCATE, MADURAI
the executants who appeared perfectly
to understand the same and made his
signature in my presence at Madurai
on this 4th day of March, 2024.

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 MEMORANDUM OF CIVIL MISCELLANEOUS PETITION
(Under Order 1 Rule 10 of Civil Procedure Code)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Civil Appellate Side)

C.M.P.(MD).No. of 2024
in
S.A.(MD)No. 1299 of 2006

R.Jeyanthi,
W/o. S.K.Rajasekaran,
No.25 Sriram Nagar,
Vadakudhu,
Cuddalore District-607 303 … Petitioner/Proposed 12th Respondent
-Vs-

1. Lakshmana Perumal (Died),

S/o Kalaiah Tehvar,
Rajakoor Village, Rajakoor Post,
Madurai North Taluk,
Madurai District. … 1st Respondent/sole Appellant

2. L.Pugalenthi,
S/o Late Lakshmana Perumal,
2/363, Chinna Rajakoor Village,
Madurai East Taluk,
Madurai District.

3. Kalaivanan,
S/o. Late Lakshmana Perumal,
No.43, West Aavani Moola Veethi,
Madurai 625001.

4. Shantha,
D/o Late Lakshmana Perumal,
3/279, Ayyanan Nagar,
Back side of Pallivasal,
Y.Othakadai,
Madurai- 625107.

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5. Sudha,
D/o Late Lakshmana Perumal,
5/201, Amma Illam,
Arumugam Nagar,
Kullakundu,
Nilakkottai,
Dindigul 624201. … Respondents 2 to 5/Legal heirs of Appellant

6. Bushpathammal,
W/o M.Angappa Thevar,
Vadugathartara lane,
East Masi Street,
Madurai Town.

7. V.K.Thangavel (Died),
S/o Late Kalaiya Thaver,
Rajakoor Village,
Madurai North Taluk,
Madurai District.

8. S.Dhasarathan (Died),
S/o Sangili Thevar,
Rajakoor Village,
Madurai North Taluk,
Madurai District. .. Respondents 6 to 8/Respondents 1 to 3

9. Lakshmi Ammal,
W/o V.K.Thangavel,

10. T.Kalaiah,
S/o V.K.Thangavel,

11. Vengateshwaran,
S/o V.K.Thangavel,

12. T.Parameshwaran,
S/o V.K.Thangavel,

13. Rathinam,
S/o V.K.Thangavel,
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14. Chandra,
D/o V.K.Thangavel,

9 to 14 respondents residing at
Rajakoor Village,
Madurai North Taluk,
Madurai District. …Respondents 9 to 14/Respondents 4 to 9

15. Tamilselvi,
W/o Late Dhasarathan,
Rajakoor Village,
Madurai North Taluk,
Madurai District.

16. Kirubaharan,
S/o Late Dhasarathan,
Rajakoor Village,
Madurai North Taluk,
Madurai District. …Respondents 15 & 16/Respondents 10 & 11/
Legal heirs of Respondent No.3

IMPLEAD PETITION

For the reasons stated in the accompanying affidavit, it is therefore

prayed that this Hon'ble Court may be pleased TO IMPLEAD me as the
Respondent and rank me as 12th Respondents in the main Second Appeal
in S.A.(MD).No. 1299 of 2006 before this Hon'ble Court and thus render
justice.

Dated at Madurai on this the 4th day of March, 2024.

Counsel for Petitioner

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 IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Civil Appellate Side)

C.M.P.(MD).No. of 2024

R.Jeyanthi,
W/o. S.K.Rajasekaran,
No.25 Sriram Nagar,
Vadakudhu,
Cuddalore District-607 303 … Petitioner
-Vs-

1. Lakshmana Perumal (Died),

S/o Kalaiah Tehvar,
Rajakoor Village, Rajakoor Post,
Madurai North Taluk,
Madurai District
And others … Respondents

PAPER BOOK

S.No Date Description of Documents Page

1. Court Fee

2. Implead Petition

3. Affidavit

I certify that the above documents are true copies of the originals.

Dated at Madurai on this the 4th day of March, 2024

Counsel for Petitioner

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 MADURAI:: DISTRICT
IN THE HIGH COURT OF JUDICATURE AT
MADRAS
MADURAI BENCH
(Appellate Side)

C.M.P.(MD).No. of 2024
in
S.A.(MD)No. 1299 of 2006

IMPLEAD PETITION

M/s. I. VELPRADEEP (992/2011

P.ARULASARI (2606/2011)
S.THILAGAVATHI (3111/2011)
M.CHITRA(8150/2023)

Counsel for the Petitioner

CELL NO: 9940767675
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