Rajamony (Died) v. Sabariyaradima (Died)

ORDER Heard Mr. R.Nandakumar, Learned Counsel for the Petitioners and Mr. M.Punitha Devakumar, Learned Counsel for the Sixty First, Sixty Third and Sixty Fourth Respondents and perused the materials placed on record, apart from the pleading of the parties.

¶2This Civil Revision Petition under Article 227 of the Constitution of India has been filed to expedite the disposal in E.P. No. 45 of 2019 in O.S. No. 422 of 1956 on the file of the Additional District Munsif, Kuzhithurai (hereinafter referred to as 'the Trial Court' for short).

¶3This Court, during earlier hearing on 30.04.2024, had passed the following order:- "2. The Additional District Munsif, Kuzhithurai shall send the scanned/digitized/photocopy of the entire records in O.S. No. 422 of 1956 and E.P. No. 45 of 2019 along with connected applications to this Court, in terms of the Circular in R.O.C. No. 27484/2018/F1 dated

18.06.2018 issued by the Registry of this Court.

¶3The Additional District Munsif, Kuzhithurai shall send a report as to whether there is any impediment for conducting further proceedings in O.S. No. 422 of 1956 and if so, explain the reasons for the same, before the next hearing."

¶4In furtherance to the said order, the Trial Court has sent a report dated 03.06.2024, which reads as follows:- "I humbly submit that the E.P. No. 45 of 2019, is one filed for delivery of the following plots of Ex.C2 of final decree to the Petitioners as mentioned below, Petitioners No. 1-3 (Defendants No.163-165) - Plot No.13 Petitioners No. 4-6 (Defendants No.77-79) - Plot No.29 Petitioner No. 7 (Defendant No.190) in favour of Petitioner No.6 on behalf of - Plot 2B Petitioners No.4-7 Further, it is also prayed for removal of shed constructed by Defendant No. 240 in Plot No. 13. I humbly submit that, on the date of filing, totally 234 Respondents were impleaded. On service of summons to the Respondents in the E.P., many respondents were reported as dead. So, the Petitioners filed petitions for impleading Legal Representatives of deceased respondents for some of the respondents and for some Respondents, Petitions filed for exemption to implead Legal Representatives. Already, some of such above petitions were disposed. As of now, the following petitions were pending for the reasons as stated below. Petition Nos. Relief Sought for Stage of the Petition E.A. No. 10/2019 To remove Respondent No. 71 from the E.P. For taking steps to implead

Legal Representatives of deceased Respondents. E.A. No. 3/2021 To

implead

Legal Representatives of Respondent No.156 as Respondent No. 251. For

filing

of Counter by some of the Respondents. E.A. No. 4/2021 To

implead

Legal Representatives of deceased Petitioner No.1 as Petitioners No. 8-10. For

filing

of Counter by some of the Respondents. E.A. No. 5/2021 To

implead

Legal Representatives of deceased Respondent No. 191 and Respondent No. 160 as Respondents No. 241, 242 and Respondent No. 248 respectively. Further for exemption from impleading

Legal Representatives of deceased Respondents No. 34, 37, 42, 43, 52, 58, 60, 67, 69, 108, 135, 144, 172, 181, 193 and 231. For

filing

of Counter by some of the Respondents. E.A. No. 6/2022 To implead a 3rd party as Respondent No. 252. For

filing

of Counter by some of the Respondents. E.A. No. 7/2022 To receive Additional documents in E.A. No. 3/2021 For

filing

of Counter by some of the Respondents. E.A. No. 8/2022 To

implead

Legal Representatives of deceased Respondent No. 252 in E.A. No. 6/2022 as Respondents No. 253 and 254. Exparte set aside Petition

of Respondent No. 253 in E.A. No. 11/2023 is pending. E.A. No. 11/2023 To set aside exparte order against Respondent No. 253. For

filing

of Counter by some of the Respondents. E.A. No. 12/2023 To implead Legal representatives of deceased Respondent No. 185 as Respondents No. 255 and 256. Pending for filing of Counter by the Respondents. I humbly submit that, now, the E.P. is posted on

24.06.2024. After, disposal of above listed 9 E.A's, the main E.P. will taken for hearing. I humbly submit that, further for the Respondents sought to be impleaded, opportunity will be given to file Counter. Thereafter, the enquiry will be heard in the main E.P. I humbly submit that the above said disposal of E.A.'s are impediment in disposing the main E.P.. So, I humbly request that for disposal of the main E.P. a time span of 3 to 6 months, is required and may be granted if your Lordship Pleases." Having regard to the said report, the Execution Court shall take up the pending Execution Applications as expeditiously as possible. Depending upon the outcome of the Execution Applications, the learned Additional District Munsif, Kuzhithurai, shall dispose the E.P.No.45 of 2019 in O.S.No. 422 of 1956 within a period of six months from the date of receipt of a copy of this order. In the result, the Civil Revision Petition is disposed on the aforesaid terms. No costs.

21.01.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu To

1.The Additional District Munsif, Kuzhithurai

2.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

N.SENTHILKUMAR, J. Indu

21.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR C.R.P. (MD) No.1114 of 2024 Rajamony (Died) 1.Rajendran 2.David Raj 3.Mercy 4.Sarojini 5.Rayappan 6.Lalitha ... Petitioners Vs. Sabariyaradima (Died) 1.Wilson 2.Aruldhas 3.Anantharaj 4.Jayaraj Joseph Nadar (Died) 5.Sebastian Nadar Rajayyan Nadar (Died) 6.Ambrose Nadar 7.Thomas Nadar 8.Chellayyan Nadar 9.Stephen Nadar 10.Devadhas Nadar 11.Varghese Nadar Swaminathan Nadar (Died) Kochan Nadar (Died) Kumaravelu Nadar (Died) Kuzhanthavel Nadar (Died) 12.Pooyan Nadar Palpu Nadar (Died) 13.Nallathampi Nadar 14.Ramayyan Nadar Kochappi Nadar (Died) 15.Poul Nadar 16.Kumaravelu Nadar 17.Ganamony Nadar 18.Kunjan Nadar Nallathampi Nadar (Died) 19.Chellamma Nadachi Varuvel Nadar (Died) Monian Nadar (Died) Kesavan Nadar (Died) 20.Ramakrishnan Nadar Appiyammal Nadachi (Died) Kochan (Died) Sivathanu (Died) Esakku Nadar alias Kochan alias Ooli Nadar (Died) Nesamony Nadar (Died) John Nadar (Died) Ponnupillai Nadar (Died) Velayuthan Nadar (Died) Udai Nadachi (Died) Lekshmanan Nadar (Died) 21.Palayyan Nadar Pakianathan (Died) Samuel (Died) Daniel (Died) Ananthapalpu Nadar (Died) Gnananmuthan Nadar (Died) Swaminathan Nadar (Died) Jacob (Died) Sundararaj Nadar (Died) 22.Kochu Pillai 23.Victor 24.Gnanaprakasam Nadar 25.Ponnamma Nadachi Nallathami Nadar (Died) Ponnumony Nadar (Died) 26.Subramonian Ponnu Nadar (Died) Appi Nadar (Died) 27.Kutty Nadar Chinnakutty Nadar (Died) Appavu Nadar (Died) Nagamoni Nadar (Died) Ananthapalpu Nadar (Died) Sabarimuthu Nadar (Died) Ponnumuthu (Died) Sanku Nadar (Died) 28.Chockalingam Nadar Mathuranayagom (Died) 29.Muthayyan 30.Chellan Nadar 31.Palayyan 32.Mariadhas Nadar Arunachalam Nadar (Died) 33.Ponnayyan Nadar 34.Kalyani Rajayyan Nadar (Died) Natarajan Nadar (Died) 35.Gnanaselvam Thankammal Nadathi (Died) 36.Ponnayyan Chinnathampi (Died) 37.Devadhas 38.Nagendran 39.Rosili 40.Thankamma Gnanamma (Died) 41.Velayyan 42.Subbayyan 43.Selvamony 44.Chinthamony Palamma Nadathi (Died) 45.Ramaswamy 46.Nesamony 47.Kamalam 48.Seelavathi Kunji (Died) 49.Lekshmi 50.Muthu 51.Gnanammal 52.Janaki Ammal 53.Harichandran Muthunayagam (Died) 54.Chellammal 55.Appiyamma Sundarakesi (Died) 56.Leela 57.Sathianesan Selvam (Died) 58.GInduiel 59.Charles 60.Valsala 61.Nelson 62.Babudhas 63.Avurachan 64.Selvan 65.Saraswathi 66.Sivarambal 67.Thankavelu 68.Muthayyan 69.Manonmony 70.Bhargavan 71.Ramachandran 72.Jose 73.James 74.Glasten 75.Benger 76.Usha 77.Rosal 78.Kamalam 79.Palamma 80.Thomas 81.Dharmaraj 82.Samraj 83.Davidraj 84.Nesaraj 85.Nesabai 86.Sobhana Bai 87.Lilli Bai 88.Pushpa Bai 89.Lalitha Bai Chellamma (Died) 90.Azhakaraj 91.Sarojini 92.Crystal Suseela Bai (Minor) 93.Crystal Suseela Bai (Minor) 94.Crystal Suguna Bai (Minor) 95.Crystal Sunitha Bai (Minor) 96.Crystal Sundar Singh (Minor) (Minor Respondents 93 to 96 represented by guardian and mother R91) 97.Dharmadhas 98.Nesamony 99.Thankaraj 100.Manoharan 101.Gnanamma Ponnu (Died) 102.Thankayyan 103.Thankamony Muthayyan (Died) 104.Cheriyapillai 105.Stephen 106.Devaraj 107.James 108.Xavier 109.Arul 110.Maria Thangam 111.Alosious 112.Rosal 113.Johnson 114.Nesan Varghese (Died) 115.Wilson 116.Jesili 117.Chinthamony Bai 118.Selvaraj 119.Davidraj 120.Chellaian 121.Rajayyan 122.Thankaraj Sathianesan (Died) 123.Selvamony 124.Kunjukrishnan 125.Retnam 126.Thankappan 127.Chellayyan 128.Mary Domani (Died) 129.Pavustheen 130.Soman 131.Edison 132.Russelraj Kannamma (Died) 133.Rajendran 134.Raveendran 135.Rabi 136.Ramesan 137.Thankamma 138.Santhosh 139.Shaji 140.Sujai 141.Suresh 142.Russel Isaac 143.Robert Cicil 144.John Selvaraj 145.Edwin Joseph 146.Paulraj 147.Pakiaraj 148.Moni 149.Sadasivam 150.Thankaraj 151.Chellakkon 152.Ponnayyan 153.Sundaram 154.Mahesh (Minor) 155.Sunil (Minor) (Respondent-153 was recorded as guardian for minors RR154 and 155) 156.Pannirselvam 157.Satheesh Chandran (Minor) 158.Chandra Syamala (Minor) (RR157 and 158 are represented by Court Guardian Mr.C.M.Palraj) 159.An