Valli v. Devi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Seventh day of February Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE N.SATHISH KUMAR in W.P(MD)No.19974 of 2022 1.Valli 2.Maheswari 3.M.Selvakumar 4.Radhika ...Petitioners/3rd party Legal heirs of Deceased 2nd Respondent) Vs 1 Devi

2. Anishek

3. Guru Gayathri Sujatha

...Respondents 1 to 3/Petitioners

4. The District Registrar (Administration), Tiruchirapalli District.

...4th Respondent/1st Responden

5. Malayappan (Deceased) ...5thRespondent/2nd Respondent 1/4

Prayer in W.M.P(MD)No.25487 of 2024;- Writ Miscellaneous Petition filed under Article 226 of Constitution of India, to grant leave to the petitioners herein to the above petition to be impleaded as respondents 3 to 6 in the above writ petition. Prayer in WP(MD)No.19974 of 2022;- Writ Petition filed under Article 226 of Constitution of India,for issuance of Writ of Certiorarifed Mandamus, to call for the records relating to the proceedings of the first respondent in Na.Ka.No.9459/A4/2020 dated 22.02.2021 quashing the same and consequently directing the first respondent to cancel his direction the Sub Registrar, Srirangam,Tiruchirapalli not to register any sale deed based upon the registered document bearing No.114/2020.

ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.M.Pappiah, Advocate for the Petitioners and of Mr.S.Siddharthan, Additional Government Pleader for the 4th Respondent and the respondents 1 to 3 have not appeared in person or by Advocate, this Court made the following order:

"This petition has been filed to grant leave to the petitioners herein to implead as respondents 3 to 6 in the above writ petition.

2. Despite notice being served to the counsel for the petitioner in the writ petition, none appeared today.

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3. It is the contention of the learned counsel for the petitioners that the order in WP.No.19974 of 2022 dated 16.08.2024 has been obtained suppressing the death of the second respondent. The second respondent died on 18.06.2021. Therefore, order passed against a dead person is not maintainable. Death certificate of the second respondent is also filed in this regard.

4. Such view of the matter, order passed by this Court dated 16.08.2024 is hereby recalled and the petitioners herein are impleaded. Accordingly, this petition is ordered.

5. Registry is directed to post this writ petition before the regular bench as per the roster."

Sd/- Assistant Registrar( C.S-II ) // True Copy // /02/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO The District Registrar(Administration) Tiruchirapalli District.

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Copy to The Section officer, Writ Section, Madurai Bench of Madras High court, Madurai.

ORDER DATED : 07/02/2025 ==========================

ORDER

========================== in W.P(MD)No.19974 of 2022 KVL(28/02/2025) 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4