Marappa Gounder(Died) S/O.Sellappa G v. Raja Gounder (Died)**

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.(NPD).No.2350 of 2004 and C.M.P.No.18839 of 2004 1.Marappa Gounder (Died) 2.Rasammal 3.Sellappan ..Petitioners [Petitioners 2 & 3 are impleaded vide order dated 12.12.2022 made in C.M.P.No.21569 of 2022] Vs.

1.Raja Gounder (Died) 2.Muthu @ Chinnapaiyan (Died) 3.Elangovan (Died) 4.Sellappa Gounder (Died) 5.Muthuraja Gounder (Died) 6.Chinnapillai 7.C.Sengottuvel 8.C.Thangamani 9.Velayee 10.Palanivel 11.Valliammal 12.Sekar 13.Rasammal 14.S.Selvaraj 15.S.Rajavel 16.P.Sampoornam ..Respondents [R6 to 8 brought on record as Lrs of the deceased R2 viz., Muthu @ Chinnapaiyan vide Court order 1/4

dated 14/11/2017 made in CMP.Nos.526, of 2009 in CRP.No.2350 of 2004] [R9 & 10 brought on record as Lrs of the deceased R1 viz., Raja Gounder vide order dated 14.11.2017 made in C.M.P.No.1822 of 2010 in CRP.No.2350 of 2004] [R13 to 16 brought on record as Lrs of the deceased R4 viz Sellappa Gounder vide order dated 12.01.2022 made in C.M.P.No.15583 to 15585 of 2019 in CRP.No.2350 of 2004] [R11 & 12 brought on record as Lrs of the deceased R5 viz., Muthuraja Gounder vide order dated 14.11.2017 made in C.M.P.No.4333 of 2016 in CRP.No.2350 of 2004] Prayer: Civil Revision Petition filed under Section 115 of CPC, to set aside the fair and decreetal order of the Subordinate Judge's Court at Sankari dated 12.07.2004 in I.A.No.46 of 2004 in A.S.No.63 of 1989. For Petitioners : Mr.P.Valliappan For Respondents : No appearance 2/4

ORDER

The civil revision petition has been filed to set aside the fair and decreetal order of the Subordinate Judge's Court at Sankari dated 12.07.2004 in I.A.No.46 of 2004 in A.S.No.63 of 1989.

2. This Court finds no infirmity or illegality in the order passed by the Court below. Further, the respondents died and their respective legal heirs are also not impleaded before the trial Court. Therefore, the civil revision petition is dismissed. However, the first Appellate Court is directed to dispose of the appeal within a period of three months from the date of receipt of a copy of this order.

3. In so far as some of the respondents are concerned, the petitioner had already entered into a compromise and settled their issues amicably by a compromise memo dated 06.06.2022 and the same was recorded. The first Appellate Court is directed to dispose of the appeal suit as against the other contesting respondents. No costs.

12.12.2022 (2/2) Speaking/Non-speaking order Index : Yes/No ata G.K.ILANTHIRAIYAN.

J, 3/4

ata To The Subordinate Judge, Sankari.

CRP.No.2350 of 2004 12.12.2022 (2/2) 4/4