Santhi, v. L.Ramesh,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2026

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN 1.Santhi 2.Sarathkumar 3.Kabilan (Cause title has been amended vide order dated 06.04.2026) ... Petitioners vs.

L.Ramesh ... Respondent PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Judge, Kovilpatti, to dispose the E.P.No.131 of 2023 in M.C.O.P.No.9 of 2014 within a stipulated period as prescribed by this Court.

For Petitioners : Mr.A.Srinivasan

ORDER

The claimants are the civil revision petitioners. 1/5

2.For the death of one Murugaiah which occurred on 23.05.2010, the claimants initiated MCOP.No.9 of 2014. The said claim petition was allowed, calling upon the first respondent therein to pay a sum of Rs.64,67,224/- together with interest at the rate of 7.5% per annum from the date of petition, namely, 28.01.2014 till the date of deposit. To put the said award into execution, the claimants, as decree holders, presented EP.No.131 of 2023. Despite service of summons and a counter being filed by the judgment debtor, as the application had not been taken up for disposal, the claimants are before this Court, seeking for a direction for expeditious disposal of EP.No.131 of 2023 on the file of the learned Subordinate Judge at Kovilpatti.

3.When the matter came up for hearing on 18.03.2026, I called upon the learned Subordinate Judge at Kovilpatti, to submit a report as to how long he requires for disposal of EP.No.131 of 2023. A report had been sent on 30.03.2026.

4.A perusal of the report shows that there were two applications filed to declare claimants 2 and 3 as majors, which came to be allowed 2/5

only on 06.11.2025 and the consequent application is pending, to carry out the amendment ordered.

5.When the revision was presented before this Court, claimants 2 and 3 were shown as minors. They were declared majors and they have been brought on record in that capacity, by an order of this Court dated 06.04.2026 in CMP(MD) No.4531 of 2026 in CRP(MD) No. 779 of 2026.

6.When the parties are impleaded or the cause title is amended in a revision, pending a proceeding before the Trial Court, the benefit will automatically enure to the proceeding pending before the lower Court (see, H.H.Brij Indar Singh Vs. Lala Kanshi Ram and others, AIR 1917 PC 156:(1917) 33 Mad LJ 486). Hence, the Executing Court need not adjourn the matter only for the purpose of the consequential amendment. It shall receive a memo from the claimants/decree holders and correct the cause title, in accordance with the cause title as corrected by this Court in this revision. 7.With all the procedural aspects being complied with, the learned Subordinate Judge at Kovilpatti shall dispose of E.P.No.131 of 3/5

2023 within a period of two months from the date the amendment is carried out in the Court bundle.

8.The Civil Revision Petition is ordered. No costs. Index :Yes / No 07.04.2026 Internet :Yes / No NCC :Yes / No mm To The Subordinate Judge, Kovilpatti 4/5

V. LAKSHMINARAYANAN, J.

mm 07.04.2026 5/5