Sunilal (Deceased) 1. Santhi Devi v. G. Balakrishnan (Deceased) 1. Radha Bai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-08-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 17077 OF 2025

1. Sunilal (Deceased) 1. Santhi Devi Legal Representatives M/s. Kumaran Stores, No.33, Ananda Complex, Muthurangam, Mudali Street, West Tambaram, Chennai 045. (the appellants 1 to 5 are impleaded as per order in IA No.3 of 2022 dated 21.03.2022)

2. Mahendra Parmer Legal Representatives M/s. Kumaran Stores, No.33, Ananda Complex, Muthurangam, Mudali Street, West Tambaram, Chennai 045.

3. Amit Parmer Legal Representatives M/s. Kumaran Stores, No.33, Ananda Complex, Muthurangam, Mudali Street, West Tambaram, Chennai 045.

4. Hansraj Parmet Legal Representatives M/s. Kumaran Stores, No.33, Ananda Complex,

Muthurangam, Mudali Street, West Tambaram, Chennai 045.

5. Mamta Parmerr Legal Representatives M/s. Kumaran Stores, No.33, Ananda Complex, Muthurangam, Mudali Street, West Tambaram, Chennai 045.

Petitioner(s) Vs

1. G. Balakrishnan (Deceased) 1. Radha Bai legal representatives No.4, Bakthavatchalam St, West Tambaram, Chennai 045.

2.B. Anand No.4, Bakthavatchalam St, West Tambaram, Chennai 045.

3.Sundar No.4, Bakthavatchalam St, West Tambaram, Chennai 045.

4.S. Vijayalakshmi No.4, Bakthavatchalam St, West Tambaram, Chennai 045.

RR1 to 4 are the wife, sons and daughter of the deceased respondent and legal representatives) Respondent(s) PRAYER This civil revision petition is filed under Article 227 of the Constitution of India praying to set aside the order and decreetal order made in I.A.No.6 of 2023 in

RCA No.8 of 2017 on the file of the Subordinate Judge, Tambaram dated 13.02.2025 and allow the above CRP.

For Petitioners:

Mr.V.Chanakya For Respondents:

Mrs.Saraswathi Muthiah

ORDER

The tenant has taken out an application in I.A.No. 6/2023 in R.C.A.No. 8/2017 after suffering an order of eviction under Sec. 14(1)(b) for demolition and reconstruction.

2.The case of the revision petitioner is that pending RCOP, the petitioner had settled the property in favour of the third respondent by a registered settlement deed dated 30.10.2014, and no life interest was retained by the settler. Therefore, the petitioner wanted the Court to take note of the subsequent events, which, according to the petitioner, goes to the root of the matter. 3.I am able to see that pending the appeal, all the legal heirs of the deceased petitioner Sunilal, have been impleaded as respondents in the R.C.A.No. 8/2017. The respondents also admit the fact that the property was settled pending the RCOP, in and by a settlement deed dated 30.10.2014 in

favour of the 3rd respondent alone.

4.In view of the above, there can be no impediment for the appellate authority to take note of the factum of the settlement deed executed pending the RCOP, while disposing of the main appeal. The copy of the settlement deed alone shall be marked and there shall be no examination of parties permitted. The appeal shall be heard and the Appellate Court shall also ascertain the stand of the other legal heirs who have not been given property under the settlement deed, before passing the final order on the appeal filed by the petitioner/tenant. The R.C.A.No. 8/2017 shall be disposed of within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this civil revision petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 01-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes

P.B.BALAJI J.

jrs To The Sub Judge, Tambaram.

CMP NO. 17077 OF 01-08-2025