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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. MALA, J
Sivaji S/o. Ponnusamy – Appellant
Versus
Vaiyapuri S/o. Rathinathevar – Respondent
| Table of Content |
|---|
| 1. delay in application filing (Para 1 , 2 , 3) |
| 2. trial court findings upheld (Para 4 , 5 , 6) |
| 3. civil revision petition disposed (Para 7) |
Order
(1) This Civil Revision has been filed against the order dated 07.10.2025, in IA.No.3/2024, in OS.No.89/2020, dismissing the petitioner’s application to bring on record, the legal representatives of the deceased 2nd respondent.
(2) The plaintiff in the suit in OS.No.89/2020, is the petitioner before this Court and the defendants are the respondents.
(3) The revision petitioner filed the suit in OS.No.89/2020, against the respondents herein, for permanent injunction, restraining them from interfering with his peaceful possession and enjoyment of the suit properties. Pending suit, the 2nd defendant, Ramalinga Thevar, died on 14.08.2021 and a Memo dated 21.12.2022, to that effect was also filed by the respondent. The revision petitioner thereafter filed IA.No.3/2024, to implead the legal representatives of the deceased 2nd defendant, on 29.02.2024. The Trial Court rejected the petition on the ground that even though the petitioner had knowledge of the death of the 2nd defendant through the Memo dated 21.12.2022, without assigning
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