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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Mala, J
S. Rajakumari – Appellant
Versus
A. Balasundar – Respondent
| Table of Content |
|---|
| 1. procedural history of the eviction and execution application. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding non-joinder of necessary parties. (Para 4 , 5 , 8) |
| 3. court's finding that curing non-joinder renders the challenge unsustainable. (Para 6 , 7 , 9) |
ORDER
Civil Revision Petition is filed against the order dated 28.11.2025 passed in E.A.No.13 of 2025 in E.P.No.589 of 2018 in R.C.O.P.No.343 of 2012, dismissing the petitioners petition filed under Section 47 of CPC, praying to declare execution proceedings as not maintainable on the ground of non-
impleadment of all legal heirs of the deceased as judgment debtor.
2.The parties will be referred to as per their ranking in the lower Court.
3.The petitioners are the legal heirs of the deceased judgment debtor who was a tenant under the respondents father. The respondents father filed R.C.O.P.No.343 of 2012 against the petitioners father for eviction under Section 10(2)(i) of the Tamil Nadu Building Lease and Rent Control Act, 1960. The R.C.O.P was decreed on 01.10.2012. Thereafter the respondents filed E.P.No.589 of 2018 for vacant possession of the demised premises. In the E.P, the petitioners filed E.A.No.13 of 2
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