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2025 DAILYLAW 30755 (MAD)

VISWANATHAN v. RAMAN

CMP/5835/2025 · 2025-04-29

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP NO. 5835 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2025 CORAM THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 5835 of 2025 AND SA NO. 360 OF 2024,CMP NO. 10861 OF 2024 VISWANATHAN S/o. Sanjeevi, Bommanapadi Village, Perambalur Tk. and 17 Others Appellant(s) Vs RAMAN S/o. Panaiyadiyan, Bommanapadi Village, Perambalur. and 14 Others Respondent(s) SA NO. 360 of 2024 RAMAN S/o. Panaiyadiyan, Bommanapadi Village, Perambalur Tk. and another Appellant(s) Vs Pechayi (died), Lakshmi (died).1. Easwari W/o. Kamaraj, Kollupattarai Street, Kulithalai, Karur District. and 24 Others Respondent(s) CMP NO. 10861 of 2024 RAMAN S/o. Panaiyadiyan, Bommanapadi Village, 1\5 https://www.mhc.tn.gov.in/judis Perambalur Tk. and another Appellant(s) Vs Pechayi (died), Lakshmi (died).1. Easwari W/o. Kamaraj, Kollupattarai Street, Kulithalai, Karur District. and 24 Others Respondent(s) CMP NO. 5835 of 2025 For Appellant(s): V Kannan A Veerappa For Respondent(s): SA NO. 360 of 2024 For Appellant(s): C.Prabakaran R.Rajadurai R.Divya Bharathi R.Magesh, B.Keethana J.Shakul Hameed V.KannanA.Veerappa-ms/315/1990Rr1 & 4 - Insufficient AddressR2 - DiedR3 - LeftR13 - No Such PersonRr 18 & 19 - VacatedRr 1, 2, 4, 13 & 18 - DiedVide In Memo Filed In Sr.Sno.7896, Dated: 28.02.2025 For Respondent(s): for rr5 to 12, 14 TO 17 AND 20 to 25 memo filed on behalf of the respts m/s v.kannan 2\5 https://www.mhc.tn.gov.in/judis CMP NO. 10861 of 2024 For Appellant(s): C.Prabakaran R.Rajadurai R.Divya Bharathi R.Magesh, B.Keethana J.Shakul Hameed For Respondent(s): ORDER The learned counsel for the respondents submitted that some of the respondents had passed away long ago, but their legal heir were not impleaded. Before filing the second appeal, the appellants, being closely related to the deceased respondents, was aware of their deaths in the year 2019, 2021 and 2023. However, the appeal was filed in 2024 without impleading their legal heirs. 2. Nevertheless, liberty is granted to take appropriate steps. The counsel also request that the order of stay be vacated and filed an application to execute the final decree proceedings. Since none of the legal 3\5 https://www.mhc.tn.gov.in/judis heirs of the deceased respondents have been impleaded, there exists a procedural lapse on the appellant's part. Therefore, this Court is inclined to vacate the stay. 3. For taking necessary steps, post the case on 30.04.2025. 29.04.2025 rri To 1. The Subordinate Judge, Perambalur. 2.The District Munsif, Perambalur. 4\5 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J. rri CMP NO. 5835 of 2025 AND SA NO. 360 OF 2024,CMP NO. 10861 OF 2024 29.04.2025 5\5 https://www.mhc.tn.gov.in/judis