Viswanathan vs Raman - Court Judgment

SooperKanoon Citationsooperkanoon.com/1813905
CourtChennai Orders High Court
Decided OnApr-29-2025
Case NumberCMP/5835/2025
JudgeHonourable Mrs Justice T.V.Thamilselvi
AppellantViswanathan
RespondentRAMAN
Excerpt:
in the high court of judicature at madrasdated: 29-04-2025coramthe honourable mrs justice t.v.thamilselvi and sa no. 360 of 2024,cmp no. 10861 of 2024 viswanathan s/o. sanjeevi, bommanapadi village, perambalur tk. and 17 others vs perambalur. and 14 others sa no. 360 of 2024 perambalur tk. and another vs pechayi (died), lakshmi (died).1. easwari w/o. kamaraj, kollupattarai street, kulithalai, karur district. and 24 others cmp no. 10861 of 2024 perambalur tk. and another vs pechayi (died), lakshmi (died).1. easwari w/o. kamaraj, kollupattarai street, kulithalai, karur district. and 24 others v kannan a veerappa sa no. 360 of 2024c.prabakaran r.rajadurai r.divya bharathi r.magesh, b.keethana j.shakul hameed v.kannana.veerappa-ms/315/1990 rr1 & 4 - insufficient addressr2 - diedr3 - leftr13 - no such personrr 18 & 19 - vacatedrr 1, 2, 4, 13 & 18 - diedvide in memo filed in sr.sno.7896, dated: 28.02.2025for rr5 to 12, 14 to 17 and 20 to 25 memo filed on behalf of the respts m/s v.kannan cmp no. 10861 of 2024 c.prabakaran r.rajadurai r.divya bharathi r.magesh, b.keethana j.shakul hameedorderthe learned counsel for the respondents submitted that some of the respondents had passed away long ago, but their legal heir were not impleaded. before filing the second appeal, the appellants, being closely related to the deceased respondents, was aware of their deaths in the year 2019, 2021 and 2023. however, the appeal was filed in 2024 without impleading their legal heirs.2. nevertheless, liberty is granted to take appropriate steps. thecounsel also request that the order of stay be vacated and filed an application to execute the final decree proceedings. since none of the legal heirs of the deceased respondents have been impleaded, there exists a procedural lapse on the appellant's part. therefore, this court is inclined to vacate the stay.3. for taking necessary steps, post the case on 30.04.2025. 29.04.2025 rri to1. the subordinate judge, perambalur. 2.the district munsif, perambalur.t.v.thamilselvi, j.rri and sa no. 360 of 2024,cmp no. 10861 of 2024 29.04.2025
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI AND SA NO. 360 OF 2024,CMP NO. 10861 OF 2024 VISWANATHAN S/o. Sanjeevi, Bommanapadi Village, Perambalur Tk. and 17 Others Vs Perambalur. and 14 Others SA NO. 360 of 2024 Perambalur Tk. and another Vs Pechayi (died), Lakshmi (died).1. Easwari W/o. Kamaraj, Kollupattarai Street, Kulithalai, Karur District. and 24 Others CMP NO. 10861 of 2024 Perambalur Tk. and another Vs Pechayi (died), Lakshmi (died).1. Easwari W/o. Kamaraj, Kollupattarai Street, Kulithalai, Karur District. and 24 Others V Kannan A Veerappa SA NO. 360 of 2024

C.Prabakaran R.Rajadurai R.Divya Bharathi R.Magesh, B.Keethana J.Shakul Hameed V.KannanA.Veerappa-ms/315/1990 Rr1 & 4 - Insufficient AddressR2 - DiedR3 - LeftR13 - No Such PersonRr 18 & 19 - VacatedRr 1, 2, 4, 13 & 18 - DiedVide In Memo Filed In Sr.Sno.7896, Dated: 28.02.2025

for rr5 to 12, 14 TO 17 AND 20 to 25 memo filed on behalf of the respts m/s v.kannan CMP NO. 10861 of 2024 C.Prabakaran R.Rajadurai R.Divya Bharathi R.Magesh, B.Keethana J.Shakul Hameed

ORDER

The learned counsel for the respondents submitted that some of the respondents had passed away long ago, but their legal heir were not impleaded. Before filing the second appeal, the appellants, being closely related to the deceased respondents, was aware of their deaths in the year 2019, 2021 and 2023. However, the appeal was filed in 2024 without impleading their legal heirs.

2. Nevertheless, liberty is granted to take appropriate steps. The

counsel also request that the order of stay be vacated and filed an application to execute the final decree proceedings. Since none of the legal heirs of the deceased respondents have been impleaded, there exists a procedural lapse on the appellant's part. Therefore, this Court is inclined to vacate the stay.

3. For taking necessary steps, post the case on 30.04.2025. 29.04.2025 rri To

1. The Subordinate Judge, Perambalur. 2.The District Munsif, Perambalur.

T.V.THAMILSELVI, J.

rri AND SA NO. 360 OF 2024,CMP NO. 10861 OF 2024 29.04.2025