Madras High CourtCRP(MD)/93/2019dismissed

Savithiri(Died) v. Vasu Pillai

2026-06-29Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-06-2026

CORAM

THE HONOURABLE MR JUSTICE S. SOUNTHAR C.R.P(MD).No.93 of 2019(PD) Savithri (died) 2.Venkatachalam 3.Ilangiyam 4.R.Prabhakaran Petitioner(s) Vs 1.Vasu Pillai 2.Nataraj Pillai 3.Ramu 4.Alagammal 5.Amudha 6.Nagalakshmi 7.Mariyayee 8.Saantha 9.Dhanalakshmi 10.Renuka (died) (memo dated 07.06.2024 presented before the Court on 07.06.2024, is recorded as R10 died, and 4th petitioner, who is already on record, is recorded as LR of the deceased R10, vide Court order dated 07.06.2024 made in C.M.P(MD).Nos.6740 to 6742 of 2023 in C.R.P(MD).No.93 of 2019 by RVJ) 11.Sandhosam ... Respondents (P2 to P4 and R6 to R11 are brought on record as LRs of the deceased sole petitioner vide Court order dated 25.07.2024 made in C.M.P(MD).Nos.6740 to 6742 of 2023 in C.R.P(MD).No.93 of 2019 by RVJ) 1/4

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed by the Subordinate Court, Kulithalai, in I.A.No.236 of 2017 in O.S.No.29 of 2018 dated 19.09.2018. For Petitioner : Mr.K.Suresh For R2(died) : Mr.K.Govindarajan

ORDER

It is seen from the records that the death of the second respondent was recorded by this Court vide its order dated 25.07.2024, till date, the petitioners have not taken any steps to bring on record the legal representatives of the deceased second respondent. Therefore, the Civil Revision Petition is dismissed as against the second respondent. 2.It is further seen that the civil revisioin petition arises out of the dismissal of an application for amendment of the plaint in the final decree proceedings arising from a partition suit. The dismissal of the revision as against one of the sharers, namely, second respondent, would render the civil revision petition useless as against the other respondents as well. Since the order passed in the revision had attained finality as against one of the sharers, namely, the second respondent and the decree for partition is inseparable, the revision cannot be proceeded with against the other respondents also. 2/4

Accordingly, the Civil Revision Petition stands dismissed as against all the respondents. No costs.

29-06-2026 NCC : Yes/No Index : Yes/No Rmk To 1.The Subordinate Judge, Kulithalai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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S. SOUNTHAR.J.

Rmk C.R.P(MD).No.93 of 2019(PD) 29.06.2026 4/4