K.S.Thirumalaisamy Reddiyar vs Malarvizhi
2023 Latest Caselaw 12131 Mad

                                                                            C.R.P(MD)No.259 of 2018


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED :08.09.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            C.R.P.(NPD)(MD)No.259 of 2018
                                                         and
                                              C.M.P.(MD)No.1157 of 2018

                     K.S.Thirumalaisamy Reddiyar                            ... Petitioner

                                                          -vs-

                     1.Malarvizhi
                     2.Abdul Jabbar

                     Chithra (died)

                     3.Ayyappan
                     4.Meera
                     5.Karthik @ Ram Mohan
                     6.Premchand                                            ... Respondents

                     PRAYER: Civil Revision Petitions are filed under Article 227 of the
                     Constitution of India to set aside the order dated 10.01.2017 passed by the
                     Additional Sub Court, Thanjavur in E.A.No.81 of 2016 in E.P.No.158 of
                     2010 in O.S.No.87 of 1997.


                                     For Petitioner  : Mr.A.Senthil Kumar
                                     For Respondents : No Appearance


                     1/5
https://www.mhc.tn.gov.in/judis
                                                                                    C.R.P(MD)No.259 of 2018


                                                             ORDER

The present revision petition has been filed by the decree holder in a

suit for specific performance in O.S.No.87 of 1997 on the file of the

Additional Sub Court, Thanjavur.

2.On the strength of the specific performance decree, the revision

petitioner had filed E.P.No.158 of 2010 for execution of a sale deed. When

the said application was pending, one of the judgment debtors namely,

Chithra had passed away and her legal heirs, viz., her husband,

Ramamoorthy, son Ayyappan, daughters Meera and Malarvizhi were

impleaded.

3.While so, one of the legal legal heirs of Chithra, namely

Ramamoorthy has passed away. Thereafter, daughter of Chithra, namely

Malarvizhi had filed E.A.No.81 of 2016 to implead two third parties namely

Karthick @ Ram Mohan and Premchand on the ground that her father had

an illicit relationship with one Premavathi, through whom the proposed

parties were born. In the interest of justice, she sought to implead them.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.259 of 2018

4.The revision petitioners /decree holders strongly opposed the said

application on the ground that they are not the necessary parties and the

application has been filed only to drag on the proceedings.

5.The trial Court after considering the submissions on either side had

allowed the said application on the ground that in memorandum of appeal

grounds in A.S.No.53 of 2003 on the file of the Additional District Court,

Thanjavur, the proposed parties were impleaded as legal heirs of the

deceased Ramamoorthy.

6.I have carefully considered the submissions on either side and

perused the material records.

7.One of the judgment debtors, namely Chithra had passed away and

after her death, her husband, two daughters and her son have been

impleaded. Even assuming that Karthik @ Ram Mohan and Premchand are

the legal heirs of Padmavathi, they can never become legal heirs of the

deceased Chithra. Therefore, the trial Court was not right in allowing the

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.259 of 2018

impleading application. Therefore, the order impugned in the revision

petition is set aside and this Civil Revision Petition is allowed. The

Execution Court is directed to dispose of the execution proceedings on or

before 31.12.2023. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                                     08.09.2023

                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes
                     ta


                     To

                     The Additional Sub Court,
                     Thanjavur.





https://www.mhc.tn.gov.in/judis
                                              C.R.P(MD)No.259 of 2018




                                           R.VIJAYAKUMAR,J.

                                                                   ta




                                  C.R.P.(NPD)(MD)No.259 of 2018




                                                       08.09.2023





https://www.mhc.tn.gov.in/judis