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Madras High CourtCRP/163/2020allowed

V.Saraswathiammal(Died) V.Durairaj v. P.Ranganathan(Died)

2022-03-09Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022 CORAM : JUSTICE N.SESHASAYEE and C.M.P.No.921 of 2020 V.Saraswathi Ammal (Died) 1.V.Durairaj V.Vasudevan (died) 2.D.Sivakumar 3.D.Venkatragavan 4.D.Anantharangan 5.D.Babu Varadharajan 6.D.Akilandeswari ... Petitioners / Petitioners / Plaintiffs Vs.

P.Ranganathan (died) 1.R.Elangovan 2.Ramalingam 3.R.Velmurugan 4.R.Radhakrishnan 5.V.Ayyappan 6.G.S.Liyakath Ali 7.S.John Basha 8.S.Iyappa ... Respondents / Respondents /Defendants Prayer : Civil Revision Petition filed under Article 227 of the Constitution 1/4

of India, against the fair and decretal order dated 03.1.2019 made in I.A.No.179 of 2017 in O.S.No.1396 of 1994 on the file of the Principal District Munsif, Kallakurichi.

For Petitioners :

Mr.T.Dhanasekar For Respondents :

Mr.E.Vijay Anand [R1]

ORDER

This revision is preferred against the order made in I.A.No.179 of 2017 in O.S.No.1396 of 1994 on the file of Principal District Munsif, Kallakurichi.

2. The plaintiffs have taken out an application in I.A.No.1965/2015 for bringing on record a certain defendants who are stated to be the purchasers of the defendants. This application was dismissed for non-payment of process on 17.02.2015. To restore that, the plaintiffs have taken out an application along with an application to condone the delay of 277 days in restoring that application, in I.A.No.179 of 2017. Vide impugned order dated 03.01.2019, the trial Court dismissed it. This is now in challenge.

3. Heard both sides. The interlocutory application is filed merely to implead certain purchasers of the defendants. This is not going to affect any of the 2/4

substantial rights of the parties. Therefore, given the nature of the application, this Court deems it appropriate to allow this petition.

4. In the result, this revision is allowed and the order of the trial Court dated 03.01.2019 in I.A.No.179 of 2017 in O.S.No.1396 of 1994 is set aside. No costs. Consequently, connected miscellaneous petition is closed. 09.03.2022 Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order ds To:

The Principal District Munsif Kallakurichi.

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N.SESHASAYEE.J., ds 09.03.2022 4/4