CMP NO. 1134 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-11-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP NO. 1134 of 2025 in CRP SR No.173671 of 2024 S.P.Subbiah (deceased) 1. R.Kanthalakshmi W/o.Ramachandran, No.79, RP Road, Nehru Nagar, Chromepet, Chennai-600044 and 2 Others Appellant(s) Vs F.Nasurin (deceased) S.Faruk (deceased) 1. Bose S/o.Chellappa, res at No.19-B, Subhash Nagar Main Road, Chromepet, Chennai-600044 and 4 Others Respondent(s) For Appellant(s): Mr.M.Vijayan For Mr.D.Sai Kumaran For Respondent(s): A. Sundara Vadhanan ORDER Heard Mr.M.Vijayan, learned counsel for the petitioners and Mr.A.Sundara Vadhanan, learned counsel for the respondents. 2. It appears that one of the plaintiffs in the suit by name F.Nasurin died even on the date of signing of the plaint. However, this factum was not brought to the notice of any of the Courts, including the Hon'ble Supreme 1/4 https://www.mhc.tn.gov.in/judis Court and it came to light only at the time of execution petition. It is also noticed that S.P.Subbiah/ 1st petitioner/1st defendant is also no more. 3. As rightly pointed out by the learned counsel for the respondents, the legal heirs of the said S.P.Subbiah have not been brought on record in this revision. 4. Learned counsel for the petitioners submits that he will take necessary steps in this regard and subject to the necessary application filed, the revision can be taken up. 5. Learned counsel for the respondents would submit that insofar as properties of Bose and Usha Bose/respondents 1 and 2, (Item Nos.3 and 4), the matter attained finality upto the Hon'ble Supreme Court and already a decree for possession is staring at the face of these petitioners and they are bound to honour the same. 6. Learned counsel for the petitioners states that the revision confines only to properties of F.Nasurin and S.Faruk as Item Nos.1 and 2. 2/4 https://www.mhc.tn.gov.in/judis 7. It is therefore made clear that while granting permission to accept the cause title subject to the clarification/LR petitions being filed regarding the death of S.P.Subbiah, the executing Court shall proceed with the petition insofar as item Nos.3 and 4. 8. With the above observation, CMP No.1134 of 2025 is ordered. 07-11-2025 To 1. F.Nasurin (deceased) S.Faruk (deceased) 1. Bose S/o.Chellappa, res at No.19-B, Subhash Nagar Main Road, Chromepet, Chennai-600044 2. Usha Bose W/o.Bose, res at No.19-B, Subhash Nagar Main Road, Chromepet, Chennai- 600044 3. M.Nethaji Subhash Chandra Bose @ M.Bose S/o.Muthuramalingam, RP Road, Nehru Nagar, Chromepet, Chennai-600044 P.M.Ayyasamy (Deceased) 4. A.Rajkumar S/o.Ayyasamy Naidu, NO.52, C.Varadharajan Street, Chromepet chennai- 600044 5. A.Sudha D/o.Late Ayyasamy Naidu, NO.52, C.Varadharajan Street, Chromepet chennai-600044 3/4 https://www.mhc.tn.gov.in/judis P.B.BALAJI.,J sr CMP NO. 1134 of 2025 in CRP SR No.173671 of 2024 07.11.2025 4/4 https://www.mhc.tn.gov.in/judis