Madras High CourtCRP(MD)/1219/2022dismissed

Mariyappan v. Karuppananan (Died),Raman(Died),1).Veerappan,

2025-07-01Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P(MD)No.4968 of 2022 1.Mariyappan 2.Ponnusamy ... Petitioners Vs.

Karuppannan(died) Raman (Died) 1.Veerappan Veerappan (died) Mukthan (died) 2.Karuppanan 3.K.Ariyathambi 4.Raman 5.Perumal 6.Vellaisamy 7.R.Ariyathambi 8.Arumugam Palaniappa Gounder(died) Karuppannan (died) 9.V.Arumugam 1/6

V.Ariyathambi(died) 10.Nagammal 11.Thummamal Iyyappasamy (died) 12.Muniyandi 13.Subramani 14.Karuppasamy 15.Murugan 16.Perumal 17.Vellaisamy 18.Ganesan 19.Velusamy 20.Raman 21.Vellaisamy 22.Chinnasamy 23.Thangaraj ... Respondents PRAYER: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, against the fair and decreetal order made in I.A.No.176 of 2019 in O.S.No.563 of 2004 on the file of Principal District Munsif Court, Vedasandur, dated 10.03.2022.

For Petitioners : Mr.S.Gokul Raj For Respondents : No appearance for R1 to R3, R5, R6, R8 to R10, R12, R13, R16 to R23 2/6

ORDER

This Civil Revision Petition is filed challenging the fair and decreetal order made in I.A.No.176 of 2019 in O.S.No.563 of 2004 on the file of Principal District Munsif Court, Vedasandur, dated 10.03.2022.

2. The learned counsel for the petitioners would submit that the petitioners filed a suit for declaration, permanent injunction and recovery of possession in O.S.No.563 of 2004 and in the year 2019, the petitioners filed an I.A.No.176 of 2019 to implead the legal heirs of the deceased defendants 1,2,4,5,13,14,16 and 19. However, the said application was rejected on the ground that the petitioners not filed death certificate and legal heir certificate. Challenging the same, the present revision petition has been filed.

3. Learned counsel for the petitioners would submit that whatever the document available with the petitioners, they filed impleading petition under Order XXII Rule 4 read with 151 C.P.C and the same was rejected by the trial Court. Accordingly, he prayed for appropriate orders. 4.This Court perused the entire records. Perusal of the records reveals 3/6

that though the petitioners claimed that the defendants 1,2,4,5,13,14,16 and 19 died due to virus and for which they want to implead the proposed respondents, however, the death certificate of the above said persons and the legal heir certificate of the above said persons are not marked before the trial Court. Thereby, the trial Court rejected the petition which need not be interfered.

5. Accordingly, this Civil Revision Petition dismissed. However, liberty is granted to the petitioners if they possess death certificate and legal heir certificate, he shall file appropriate application to condone the delay and to set aside the abatement in the manner known to law. No Costs. Consequently, connected miscellaneous petition is closed.

01.07.2025 Internet:Yes/No Index:Yes/No NCC:Yes/No PJL To 1.The Principal District Munsif Court, Vedasandur.

2.The Section Officer, VR Section, 4/6

Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

PJL 01.07.2025 6/6