D.Pushpam Ammal (Died) 1.D.Varatharaj v. R.Velammal

ORDER This Civil Revision Petition has been filed by the petitioner to set aside the Fair and Decretal Order dated 08.03.2023 passed in I.A. No.4 of 2022 in O.S.No.586 of 2017 on the file of the I Additional District Munsif Court, Tirunelveli.

2.The petitioners who are the defendants 2 and 3 in O.S.No.586 of 2017 are aggrieved by the impugned order dated 08.03.2023 passed by the I Additional District Munsif Court, Tirunelveli, in I.A.No.4 of 2022 in O.S.No. 586 of 2017. I.A.No.4 of 2022 was filed by the plaintiffs (R1 to R3 herein) under Order 22 Rule 4 of CPC to record the name of the petitioners and the respondents 5 to 7 as the legal heirs of first defendant Late.D.Pushpam Ammal.

3.The specific case of the petitioners is that the land in question was settled in favour of the petitioners by the petitioners' father and mother vide Settlement Deed dated 03.02.2012.

4.I have considered the argument advanced by the learned counsel for the petitioner and I have perused the Court order.

5.The relevant portion of the impugned order reads as under:- '3)kDt[ld; ,ize;j mgpltpl;oy; Twg;gl;Ls;s fhuzq;fis ghprPypf;ifapy; cj;njr 5 Kjy; 7 vjph;kDjhuh;fs; 2> 3 vjph;kDjhuh;fspd; rnfhjhpfs; vd;wgoahYk; mth;fs; fhyk; brd;w 1k; gpujpthjpapd; kfs;fs; vd;gJk; bjhpa tUtjhy;> mry; tHf;fpid jPh;khdpg;gjw;F 5 Kjy; 7 vjph;kDjhuh;fs; mry; tHf;fpy; chpa jug;gpdh; vd ePjpkd;wk; Kot[ bra;J> mt;thnw jPh;khdpf;fpwJ. gpuhJ rPh;jpUj;jk; kDtpy; 5 Kjy; 7 cj;njr gpujpthjpfspd; rhpahd tpyhrj;ij 5 Kjy; 7 vjph;kDjhuh;fs; kDjhuh;fSf;F tHq;f ntz;Lk; vd ,e;ePjpkd;wk; cj;jutpLfpwJ. 5 Kjy; 7 vjph;kDjhuh;fs; ,k;kDtpy; M$uhfhky; ,Ue;J;s;sdh;. Vdnt> 2> 3 vjph;kDjhuh;fs; jq;fsJ rnfhjhpfshd 5 Kjy; 7 vjph;kDjhuh;fspd; rhpahd Kfthpia mspf;f ntz;Lbkd cj;jutplg;gLfpwJ. 4)Kothf>

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6.The petitioners are the defendants 2 & 3 in O.S.No.586 of 2017 filed by the respondents 1 to 3 herein. The suit has been filed for a declaration and for a permanent injunction.

7.During the pendency of the suit, the petitioners' mother, the first defendant namely D.Pushpam Ammal died. Therefore, the petitioners informed the respondents 1 to 3 (Plaintiffs) regarding the death of their mother, the first defendant in the above suit and also gave the names of other other legal heirs of his mother namely, the sisters of the petitioners who are residing at Chennai, Trichy and Coimbatore.

8.The petitioners have also filed a memo dated 16.07.2022 wherein it has been stated that the petitioners are in inimical terms with their sisters whose are the proposed defendants 5 to 7. The petitioners not aware of the correct address of the proposed defendants 5 to 7. It is submitted that the Trial Court however committed a grave error in accepting the address of the petitioners' sisters (Respondents 5 to 7) as that of the address of the petitioners. Therefore, proposed to proceed of trial in O.S.No.586 of 2017 filed by the respondents 1 to 3/plaintiffs 1 to 3.

9.In my view, there is no case made out for interference. In case, the proposed defendants 5 to 7 are aggrieved, it is always open for them to file appropriate application for setting aside the order dated 08.03.2023 or consequence flowing there from.

10.Therefore, this Civil Revision Petition is liable to be dismissed. It is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

24.04.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No dss To

¶1The I Additional District Munsif Court, Tirunelveli.

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. C.SARAVANAN,J. dss C.R.P(MD).No.1097 of 2023 and CMP(MD)No.5218 of 2023

24.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN C.R.P(MD).No.1097 of 2023 and CMP(MD)No.5218 of 2023 D.Pushpam Ammal(Died) 1.D.Varatharaj 2.D.Suthanthiraraj ... Petitioners/Defendants 2 & 3/ Defendants 2 & 3 Vs. 1.R.Velammal 2.A.Muthukrishnan 3.A.Mariammal ... Respondents 1-3/Petitioners/Plaintiffs 4.T.N.Mohammed Nasar ... 4th Respondent/4th Respondent/4th Defendant 5.Premavathy 6.Chandravathi 7.Selvi ... Respondents 5-7/Respondents 5-7/ Proposed Defendants 5-7 PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the Fair and Decretal Order dated 08.03.2023 passed in I.A. No.4 of 2022 in O.S.No.586 of 2017 on the file of the I Additional District Munsif Court, Tirunelveli and allow the present Civil Revision Petition. For petitioner : Mr.V.Balaji