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2023 Supreme(Mad) 26

S. M. SUBRAMANIAM
M. Sagadevan (deceased) – Appellant
Versus
K. Chinnarajah (deceased) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr.P.Tamilavel

ORDER :

1. The Civil Revision Petition has been filed to set aside the order dated 20.09.2022 passed in E.A.No.3 of 2022 in E.P.No.73 of 2010 in O.S.No.735 of 2007 on the file of the Hon’ble Principal District Munsif, Alandur.

2. The Revision petitioners are the judgment debtors Nos.2 to 4/defendants in the suit. The suit was instituted for Declaration and Recovery of Possession and it was decreed in favour of the plaintiffs, who in turn, filed Execution Petition in E.P.No.73 of 2010. The Execution Petition was allowed by the trial Court. The respondents herein filed E.A.No.3 of 2022 under Section 50 and Section 151 of C.P.C to bring the legal heirs of the deceased Decree Holder Mr.Chinnarajah on record. Accordingly, the respondents 1 and 2 herein filed a petition for impleading themselves as legal heirs of the decree holder for the purpose of execution of the decree already passed by the trial Court. The revision petitioners herein raised an objection in the said petitions that the deceased decree holder has 4 legal heirs and the petition was filed only by the 2 legal heirs and therefore, the petition is liable to be rejected.

3. The trial Court considered the objections raised by th

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