Dismissed¶61

Thavetu, v. Rex

Madras HC4 Mar 2025CRP(MD)/2078/2022

Case brief

AI extract

What is this about?

C.R.P(MD)No.2078 of 2022; Madurai Bench of Madras High Court; R.Vijayakumar, J.; order dated 04.03.2025; dismissal of civil revision petition as abated for failure to implead legal heirs of deceased respondents 2 and 5 despite repeated chances; Section 115 Code of Civil Procedure; C.M.A.No.1 of 2019; I.A.No.497 of 2016 in O.S.No.153 of 2010; Principal District Court, Sivagangai; no costs.

What did the court decide?

Since steps were not taken to implead the legal heirs of the deceased respondents 2 and 5, the revision petition does not survive even as against the other respondents. ¶60

Thavetu, Vs Rex — Madras HC (2025) — LawSathi Research

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C.R.P(MD)No.2078 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 04.03.2025

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P(MD)No.2078 of 2022

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1.Thavetu

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2.Senkol

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... Petitioners/Appellants 1&2/ Petitioners 1&2/Plaintiffs 1&2

3.Arockyaraj

4.Arockiyam

5.Sebastian

6.Sesuraj

Savarimuthu (Died)

... Petitioners/Appellants 3-6/ Petitioners 4-6/Plaintiffs 4-7

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... Nil/7^th Appellant/ 7^th Petitioner/8^th Plaintiff

7.Pitchaimuthu

8.Prakasam

Santhanam (Died)

... Petitioners/Appellants 8&9/ Petitioners 8&9/Plaintiffs 9&10

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... Nil/10^th Appellant/

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10^th Petitioner/11^th Plaintiff

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1/6

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

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C.R.P(MD)No.2078 of 2022

9.Lawrance

10.Mahimairasu

11.Devarasu

... Petitioners/Appellants 11-13/ Petitioners 11-13/Plaintiffs 12-14

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Vs.

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1.Rex

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2.Manickam

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3.Sebastian

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4.Veenish

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5.Sebastian

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6.Suresh

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7.Sebastheen

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8.Joseph

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9.Sebastian

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10.Arockiyam

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11.Arockiyasami

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12.Saminathan

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13.Peter

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

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C.R.P(MD)No.2078 of 2022

14.Soosai

15.John

16.Arul

17.Pitchaimuthu

... Respondents/Respondents/ Respondents/Defendants

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PRAYER: Civil Revision Petition is filed under Section 115 of Code of Civil Procedrue, to set aside the fair and decreetal order, dated 23.06.2022 made in C.M.A.No.1 of 2019 on the file of Principal District Court, Sivagangai confirming the fair and decreetal order made in I.A.No.497 of 2016 in O.S.No.153 of 2010, dated 25.04.2018.

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For Petitioner : Mr.G.Thalaimutharasu For Respondents 1,3,4,6-8,10-17 : MrG.Gomathi Sankar For R9 : No Appearance R2 & R5 : Died

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ORDER

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The respondents 2 and 5 in the revision petition have passed away.

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This was brought to the notice of the Court on 07.11.2024. The learned

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3/6

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

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C.R.P(MD)No.2078 of 2022

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counsel appearing for the revision petitioners granted time till 04.12.2024 to implead the legal heirs. Thereafter, it was adjourned to 20.01.2025 and 12.02.2025. On 12.02.2025, this Court had adjourned the matter to 26.02.2025 as final chance for taking steps to implead the legal heirs. On 26.02.2025, another chance was granted to the petitioners and the matter was adjourned to 04.03.2025. Even as on today, steps have not been taken to implead the legal heirs of the deceased 2^nd and 5^th respondents. In view of the fact that steps have not been taken as against the respondents 2 and 5, this revision petition does not survive as against the other respondents also.

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