P.KANNIAPPAN Vs. J.NADANAVEL

JUDGEMENT

(1.) The second defendant in the suit is the revision petitioner herein. Pending CRP, he died and his legal heirs are brought on record as per order dated 08.01.2020 made in M.P.No.1 of 2011. This Civil Revision Petition has been filed by the revision petitioner, who seeking to set aside the order made in C.M.P.No.24 of 2008 in A.S.No.19 of 2000 filed against the suit in O.S.No.9091 of 1994 before the Additional District and Sessions Judge (Fast Tract Court No.I), Chennai.

(2.) One Rajeswari filed the suit in O.S.No.5478 of 1995 claiming that she is the second wife of one Balasundaram and the said Balasundaram through her first wife had one son namely, Thandavamoorthy and one Saraswathi is the wife of the said Thandavamoorthy. After the death of her husband-Thandavamoorthy, the said Saraswathi has left to her parent's house and hence she claimed that the said Saraswathi has hold the property by a sale deed dated 20.05.1994 in favour of one Kanniappan, the original petitioner herein. However, the said Rajeswari Ammal pleading herself as second wife of the said Balasundaram claimed undivided 1/2 share in the suit and also sought declaration to declare the sale deed executed by the Saraswathi, the daughter-in-law of Balasundaram as null and void. The suit was decreed against which the said Kanniappan the original revision petitioner filed A.S.No.19 of 2020. Pending Appeal Suit, the said Rajeswari Ammal died. At this point of time, one Nadanavel, S/o. Jegadeesan who is the brother's son of Balasundaram has come forward with an application in C.M.P.No.24 of 2008 before the Fast Track Court claiming to be the legal heir of the deceased Rajeswari Ammal and wanted to implead himself in the appeal suit.

(3.) In the CMP, Ex.P1 to Ex.P6 were marked. The Lower Appellate Court was allowed the application and hence CRP has been filed by the said Kanniappan and since he died pending Civil Revision Petition, his legal heirs are now impleaded.