Madras High Court
CRP/1372/2023 of KANNAN (DIED) Vs G. SARASWATHI on 6 October 2026
CRP No. 1372 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1372 of 2023
and CMP No.9198 of 2023
CNR:{HCMA010530852023}
Kannan (died)
1. N. Jothi Muruganandavel
2. Uma
3. Kanchana
4. K. Rajkumar
5. K. Siddarth
Petitioner(s)
Vs
1. G. Saraswathi
2.P. Bharathi
3.S. Shanthakumari
4.S. Dhanalakshmi
5.A. Muruganandam
6.P. Indrani
7.A.S. Sundararaj
8.S. Manimala
9.B. Indirani
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CRP No. 1372 of 2023
10.K. Suganthi
11.K. Seenu
12.S. Atchaya Keerthana
13.M. Uma Maheswari
14.L. Kamalapathi
15.T. Karpagam,
16.K.S. Raghavan,
17.A.B. Suresh,
18.R. Vijayalakshmi
19.R. Swathi
20.R. Brindha
21.R. Suba Rajendran
22.R. Jayachandran
23.R. Anandha Ram
24.R. Aravinth Lakshmanan
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the Fair and Final Order dt. 15.02.2023 passed by the Learned Subordinate Judge, Pollachi in IA No.4 of 2023 in OS No.239/2011.
For Petitioner(s):
Mr. L.Mouli
For Respondent(s):
Mr.S.Vasantha Yugesh
for R5 & R17 – no appearance
R18 to R24 - Left
R1 to R4 - NRN
R6 to R16 - NRN
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CRP No. 1372 of 2023
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in IA No.4 of 2023 in OS No.239 of 2011 dated 15.02.2023, on the file of the learned Subordinate Judge, Pollachi, wherein the application filed by the petitioners under Order XII Rule 3 of CPC, to implead the legal heirs of the deceased Kannan (1st defendant) came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioners and this Court carefully perused the materials available on record. This Court also went through the order passed by the Court below.
3. The respondents are the plaintiffs who filed the suit in OS.No.239 of 2011, seeking for the relief of delivery of possession and for payment of damages and compensation. The application was filed in IA.No.4 of 2023 under Order XXII Rule 3 and 4 of CPC, to implead the legal heirs of the deceased Kannan who was the 1st defendant. This application came to be dismissed by the Court below on the ground that the 1st defendant had already sold the property in favour of the 2nd defendant and the 1st defendant was set ex-parte and the application filed by the 1st defendant to set aside the ex-parte order came to be rejected and aggrieved by the same, CRP. No.652 of 2022, was filed before
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CRP No. 1372 of 2023 this Court and even without informing the Court about the demise of the 1st defendant, the CRP came to be allowed by this Court directing the written statement to be filed by the 1st defendant and that the plaintiff has already given up the 1st defendant contending that no prayer is sought for against the 1st defendant since the suit property has already been sold to the 2nd defendant. Therefore, the Court below came to a conclusion that when the 1st defendant himself has been exempted there is no question of impleading legal heirs of the 1st defendant.
4. The order passed by the Court below does not suffer from any perversity warranting the interference of this Court. If the plaintiff has chosen to give up the 1st defendant on the ground that the 1st defendant has already sold the property in favour of the 2nd defendant, there is no need to bring the legal heirs of the 1st defendant on record. That part, the order that was passed by this Court in CRP.No.652 of 2022 is non-est in the eye of law since by the time, the said order was passed, the 1st defendant already died. In view of the same, the order passed by the Court below need not be interfered and this CRP is dismissed. There shall be a direction to the Sub Court, Pollachi, to dispose of the suit in OS.No.239 of 2011, within a period of three months from the date of receipt of a copy of the order and file a compliance report before this Court.
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CRP No. 1372 of 2023
5. In the result, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 06-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp To Subordinate Judge, Sub Court, Pollachi.
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CRP No. 1372 of 2023 N.ANAND VENKATESH J. kp CRP No. 1372 of 2023
06-10-2026
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