Sivaperumal v. Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE in S.A. No.700 of 2014 Sivaperumal ... Petitioner Vs.

1.Palanisamy 2.Ramalingam (Deceased) 3.Ranganayagi 4.Rajalakshmi 5.Vadivel 6.Manikandan 7.Selvarani ... Respondents PRAYER: To bring on record the legal heirs of the deceased second respondent, the proposed respondents 3 to 7 herein namely, (i) Ranganayaki - Wife- aged about 65 years; (ii) Rajalakshmi - Daughter - Aged about 41 years; (iii)Vadivel - Son - aged about 40 years; (iv)Manikandan - son - aged about 37 years; (v)Selvarani - Daughter - Aged about 36 years; All are residing at Door No.86, South Street, Annathanampettai, Vengadampettai Village, Kurinjipadi Town, Cuddalore Taluk as respondents 3 to 7 in the above second appeal and pass such other suitable orders and thus render justice. 1/4

For Petitioner : Mr.J.Manikandan For Respondents : Mr.V.Neethidurai for R1.

R2 - died.

ORDER

This petition has been filed to bring on record the legal heirs of the deceased second respondent, the proposed respondents 3 to 7 pending disposal of the above second appeal.

2.It is seen from the records that though this petition has been filed in the year 2022, the service has not been effected till date. Though this Court by order dated 21.10.2024, has granted time, to effect service to the unserved respondents, they have not been served and when this matter came up for hearing on 17.09.2025, the learned counsel for the appellant submits that R2 (deceased) is the subsequent purchaser and thus, they are colluding with each other and evading from service. Hence, this Court has again granted time till 23.10.2025 to effect service to the unserved respondents. However, this case has been listed today under the 'Default caption', since no effective steps have been taken to serve the 2/4

unserved respondents viz., R4 and R7. Even today, no effective steps have been taken to serve the unserved respondents.

3.In view of the above, this Civil Miscellaneous Petition is dismissed for non-payment of process fee. However, there shall be no order as to costs. 05.11.2025 ay Index: Yes / No Speaking Order / Non-speaking Order 3/4

DR. A.D. MARIA CLETE, J ay in S.A. No.700 of 2014 05.11.2025 4/4