Chellappan, v. Ponnumony,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Eighteenth day of October Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice KRISHNAN RAMASAMY

1. Chellappan

2. Azari ... Petitioners/Petitioners/Plaintiffs Vs 1 Ponnumony, Sivalingam(Died) Rosammal(Died) Dhakshayani (Died) 2 Karunakaran 3 Gangadharan 4 Ponnayyan Chellayyan (Died) 5 Albert @ Appu, 6 Swarnammal, 7 Muthamma, Sundaran(Died) 8 Bhaskaran Ponnu(Died) Chellakkan(Died) Arulappan (Died) 9 Rosammal, Neelakantan(Died), Nagamony Nadar(Died) Kumaraswamy (Died) Raman(Died) 10 Sabariaradima 1/4

Arulappan(Died) 11 Thiraviyadhas Janakan (Died) 12 Yesodha, Surendran(Died) 13 Madhusoodharan 14 Sujatha 15 Chandrika 16 Hemalatha 17 Ambujakshan 18 Thomas 19 Kunjammal 20 Vijayakumar 21 Nesamony 22 Muthunayagam 23 Alankarathammal 24 Rajamony 25 Santha 26 Rani 27 Bhakthakumari 28 S.K.Shijukore 29 S.K.Shibukore 30 Ramaswamy 31 Mariya Rosammal 32 Merlin Anitha 33 Albin 34 Christinal 2/4

35 John Peter 36 Baburaj 37 Alben Robert Singh(Died).

38 Thanka Pilai 39 Ravi 40 Sasi 41 Jayarani 42 Lawrence ... Respondents 1-42/Respondents 1,5-7,911,13,17,22,24,26,28-52,54-58/ Defendants 1,5-7,9-11 13,17,22,24,26,28-52,54-58 Prayer :- Civil Revision petition is filed, under Article 227 of the Constitution of India, To set aside the Fair and Decreetal order dated 04.02.2019 passed in I.A.No.243 of 2016 in O.S.No.433 of 1978 on the file of the Principal District Munsif, Kuzhithurai. ORDER:- This Civil Revision Petition is coming on for Clarification on this day and upon perusing the grounds filed in support thereof and upon hearing the arguments of Mr.J.Anandhavalli, Advocate for the Petitioner and of Mr.S.S.Thesigan, Advocate for R3, none appeared either in person or by an Advocate (RR1,2 & R4 to R42) and this Court made the following order:

The matter is posted today under the caption for "Clarification" at the instance of the counsel for the 3rd respondent.

2. While passing the final order in CRP(MD).No. 1290 of 2019, on 04.10.2019, none appeared for the respondents.

3. Today, Mr.S.S. Thesigan, the learned counsel appearing on behalf of the third respondent would submit that the 5th respondent died, but, his LRs are not impleaded in the Civil Revision Petition. He filed a memo regarding the details of LRs , however, all these facts are not brought to the knowledge of this Court at the time of passing final order i.e., on 04.10.2019. Apart from that, the order passed by this Court is also not going to affect, in any way, the LRs of the 5th respondent. This Court is of the view that LRs can very well be impleaded in the final decree proceedings. Therefore, there is no need for clarification in this regard.

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4. The learned counsel appearing for the third respondent vehemently argued for the LRs of the 5th respondent, but, he was not even appeared when the matter was called on 04.10.2019 and bring all these facts. Therefore, there is failure on the part of the third respondent to bring out all these facts, when the order was passed. Therefore, there is no clarification is required in the order, dated 04.10.2019, passed by this Court in CRP(MD).No. 1290 of 2019.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) TO The Principal District Munsif, Kuzhithurai.

+ 1 CC to M/s. J. Anandhavalli, Advocate, SR. No.92895. ORDER DATED : 18/10/2019 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

KK/SAR/05.11.2019/4P-3C/ 4/4