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2023 Supreme(Mad) 3017

P. B. BALAJI
Santha Sathiyanesan – Appellant
Versus
R. C. Sathiyanesan (died) – Respondent


Advocates appeared:
For the Petitioners:J. Anandhavalli, Advocate. For the Respondents:R1 & R2, M. Saravanan, Advocate, R3, A. Baskaran, Additional Government Pleader.

JUDGMENT

(Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, against the fair and decretal order, dated 06.07.2017, passed in I.A.Nos.894 & 895 of 2015, in O.S.No.118 of 2012, on the file of the District Munsif Court, Madurai Taluk.)

Common Order

1. These Revisions are against the orders passed by the trial Court allowing the I.A.Nos.894 and 895 of 2015, seeking to set aside the abatement of the suit for non substitution of the legal heir of the deceased / plaintiff and under Order XXII Rule 3 read with Section 151 C.P.C to implead the petitioners therein as legal heirs of the deceased / plaintiff in the suit.

2. The brief facts resulting in the filing of the present Revision petitions are as here under:

    The plaintiff had originally filed the suit seeking a declaration that the settlement deed executed by the first defendant, his wife in favour of the second defendant, his son, on 28.09.2005 was null and void and for a consequential permanent injunction to restrain the defendants from executing further documents in favour of third parties. It is the case of the plaintiff that he had purchased the suit property on 17.08.1983 and on 11.09.

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