C.R.P.Nos. 119 of 2013 & 1842 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 05.12.2022

PRONOUNCED ON : 15.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

C.R.P.Nos.119 of 2013 & 1842 of 2015

and M.P.Nos.1 of 2013 & 1 of 2015

C.R.P.No.119 of 2013

1. Marimuthu (Died)

2. M.Pavayee

3. Rajave

4. Ponnuvel

5. Vasantha

(Appellants 2 to 5 brought on

records as legal representatives

of the deceased sole appellant

viz., Marumuthu vide Court

order dated 07.02.2020 made

in C.M.P.17408 & 17409 of

2017 in C.R.P.No.119 of 2013)

... Appellants

Vs

1. P.Appavoo

2. Ganesan

3. A.Pavayee

4. A.Thiyagarajan

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C.R.P.Nos. 119 of 2013 & 1842 of 2015

5. A.Santha

6. N.Indumathi

(Respondents 3 to 6 brought on

record as legal representatives of

the deceased R-1 vide Court order

dated 25.06.2021 made in M.P.

No.2 of 2015 in C.R.P.No.119

of 2013)

... Respondents

Prayer :- Civil Revision Petition is filed under Article 227 of

Constitution of India, to set aside the fair & decreetal order of the learned

Principal District Munsif at Tiruchengode, dated 30.11.2012 passed in

I.A.No.671 of 2012 in O.S.No.347 of 2004.

C.R.P.No.1842 of 2015

1. Marimuthu (Died)

2. M.Pavayee

3. Rajave

4. Ponnuvel

5. Vasantha

(Appellants 2 to 5 brought on

records as legal representatives

of the deceased sole appellant

viz., Marumuthu vide Court

order dated 24.11.2017 made

in C.M.P.17406 & 174097of

2017 in C.R.P.No.1842 of 2015)

... Appellants

Vs.

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C.R.P.Nos. 119 of 2013 & 1842 of 2015

1. P.Appavoo

2. Ganesan

3. A.Pavayee

4. A.Thiyagarajan

5. A.Santha

6. N.Indumathi

(Respondents 3 to 6 brought on

record as legal representatives of

the deceased R-1 vide Court order

dated 11.12.2017 made in M.P.

No.2 of 2015 in C.R.P.No.1842

of 2015)

... Respondents

Prayer :- Civil Revision Petition is filed under Article 227 of

Constitution of India, to set aside the fair & decreetal order of the learned

Principal District Munsif at Tiruchengode, dated 18.02.2015 passed in

I.A.No.26 of 2015 in O.S.No.347 of 2004.

In both C.R.Ps.

For petitioners : Mr.P.Valliappan

For Respondents

R1

: Died

For R2

: Notice served

For R3 to R6

: Mr.N.Manokaran

COMMON ORDER

The Civil Revision Petition in C.R.P.No.119 of 2013 is directed as

against fair and decreetal order dated 30.11.2012 passed in I.A.No.671 of

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C.R.P.Nos. 119 of 2013 & 1842 of 2015

2012 in O.S.No.347 of 2004, on the file of the learned Principal District

Munsif, Thiruchengode, thereby allowing the petition to amend the plaint

and the Civil Revision Petition in C.R.P.No.1842 of 2015 is directed as

against fair and decreetal order dated 18.02.2015, passed in I.A.No.26 of

2015 in O.S.No.347 of 2004, on the file of the learned Principal District

Munsif, Thiruchengode, thereby dismissing the petition to stay all further

proceedings in O.S.No.347 of 2004.

2.

The first deceased respondent and another deceased

Ramasamy Gounder filed a suit in O.S.No.396 of 1991 on the file of the

Sub Court, Sankari, against the deceased petitioner and two others for

specific performance on the strength of the agreement for sale dated

21.01.1991, executed by the deceased defendants 1 & 2. After filing the

suit, the defendants 1 & 2 died and the plaintiffs were not taken any steps

to bring their legal representatives on records. Therefore, the said suit

was dismissed as against them. Thereafter, the plaintiffs filed memo and

the suit was restored against the deceased petitioner alone who has

shown as third defendant in the suit. The said suit was transferred and

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C.R.P.Nos. 119 of 2013 & 1842 of 2015

renumbered as O.S.No.374 of 2004 on the file of the District Munsif

Court, Thirucehngode.

3.

Thereafter