Madras High Court
CRP/6462/2026 of B. Deendayal Vyas Vs B. Syam Sundar Vyas (died) on 9 October 2026
CRP No. 6462 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6462 of 2026 and
CMP No.27802 of 2026
CNR: {HCMA012248292026}
B. Deendayal Vyas
S/o.Late Badrubarayan Vyas
Apartment No.21 D, 2nd Block, Sindur
Apartments, No.1,Perumal Koil Street
Asiss Nagar Link Road, Madhavaram
Chennai 600 060
..Petitioner(s)
Vs
B. Syam Sundar Vyas (died)
1. Jagadeesh Vyas, S/o.Thulasiram Vyas
Old No.62, New No.65, 14th Central Cross Street, MKB Nagar, Chennai 600 039.
2. Santhosh Vyas, S/o.Thulasiram Vyas
Old No.62, New No.65, 14th Central Cross Street, MKB Nagar, Chennai 600 039
3. Tarun Vyas, S/o.Late B.Madan gopal Vyas Old No.62, New No.65, 14th Central Cross Street, MKB Nagar, Chennai 600 039
..Respondent(s)
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the return order dated 11.08.2026 passed in the unnumbered Execution Application in ATN.No.483 of 2026 in EP.No.1478 of 2025 in O.S.No.3577 of 2023 by the learned XXVIII Assistant City Civil Court at Chennai and direct the Executing Court to number the execution application and proceed with the same in accordance with law.
For Petitioner(s):
Mr.B.Hari krishnan
__________
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CRP No. 6462 of 2026
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ORDER
This Civil Revision Petition has been filed challenging the order of return, dated 11.08.2026, passed by the Trial Court returning the petition filed by the petitioner to implead the legal heirs of the deceased 1st respondent, by directing the petitioner to produce legal heirship certificate and Birth Certificate of the deceased first respondent.
2. The petitioner herein/decree holder filed an execution petition in E.P.No.1478 of 2025, seeking delivery of the property, pursuant to the decree passed in O.S.No.3577 of 2023 on the file of the XVIII Assistant Judge, City Civil Court, Chennai. Pending execution petition, the first respondent/1st judgment debtor died and the petitioner filed an application seeking to implead the legal heirs of the deceased 1st respondent. In the affidavit, it was asserted by the petitioner that the 1st respondent died on 27.03.2026 leaving behind four legal heirs and hence, they have to be impleaded as proposed respondents 5 to 8 in the execution petition. The said application has been returned by the executing court by directing the petitioner to produce death certificate and legal heirship certificate of the 1st respondent. Aggrieved by the same, the petitioner has come before this court. __________
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CRP No. 6462 of 2026
3. The petitioner is not a legal heir or family member of the deceased first respondent in the execution petition. As a third party, it may not be possible for the petitioner to get the death certificate and legal heirship certificate of the 1st respondent, unless the legal heirs of the 1st respondent cooperate for the same. In such circumstances, the executing court ought not have returned the impleading petition by directing the petitioner to produce the death certificate and legal heirship certificate of the 1st respondent. The date of death and the details of the legal heirs of the 1st respondent are mentioned in the affidavit filed along with the impleading petition and based on the same, the court can number the application and issue notice to the proposed parties/ respondents. In case, the details mentioned in the affidavit of the petitioner are not correct, certainly, the proposed parties will bring it to the notice of the court. Therefore, the impugned order of return passed by the executing court is liable to be set aside.
4. Accordingly, this civil revision petition is allowed and the impugned order passed by the executing court is set aside. The Executing Court is directed to number the application filed by the petitioner in ATN.No.483 of 2026 in EP.No.1478 of 2025 in O.S.No.3577 of 2023 and dispose of the same in accordance with law. There shall be no order as to costs. Connected miscellaneous petition is closed. The Registry is directed to return the original __________
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CRP No. 6462 of 2026 petition filed by the petitioner in ATN.No.483 of 2026 in EP.No.1478 of 2025 in O.S.No.3577 of 2023 to the counsel for the petitioner. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The XXVIII Assistant Judge, City Civil Court, Chennai. __________
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CRP No. 6462 of 2026 S.SOUNTHAR, J. MST CRP No. 6462 of 2026 09-10-2026 __________
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