V.RAGHURAMAN Vs. N.SANKARALINGAM

JUDGEMENT

(1.) This civil revision petition has been filed to strike off the civil miscellaneous appeal in C.M.A.No.44 of 2022 on the file of the Principal District Court, Salem.

(2.) The fact of the case is as follows:

(3.) The learned counsel appearing for the petitioner submitted that the first respondent is the 4th defendant in O.S.No.366 of 1997 and the suit was decreed, which was confirmed by the Apex Court in Civil Appeal No.9848 of 2003 on 17/8/2010. The petitioner filed the execution petition in REP.No.19/2000 on the file of the Sub Court, Attur, in which, the 1st and 3rd respondents herein filed a condone delay petition in I.A.No.193 of 2001 with the delay of 371 days to set aside exparte decree dtd. 6/4/1999 and the same was dismissed on 9/11/2001. Aggrieved against the order of dismissal, the 1st and 3rd respondents herein preferred CRP No.240 of 2002 before this Court and the same was dismissed on 21/6/2002 against the same, they preferred Civil Appeal before the Hon'ble Apex Court in Civil Appeal No.(s).9848 of 2003 and the same was also dismissed on 17/8/2010 confirming the orders of the Courts below. The 1st and 3rd respondents herein, after losing the case up to Hon'ble Apex Court, had filed an Interlocutory application in REA.No.6 of 2002 under Sec. 47 CPC in execution proceedings. Pending proceedings in REA.No.6 of 2002, Kalianna Gounder/1st defendant and his wife Vangalayee/2nd defendant in the suit died on 16/7/2008 and 17/7/2009 respectively. Therefore, the 1st respondent herein/4th defendant filed an Interlocutory Application in I.A.No.136 of 2014 to bring the legal heirs of the deceased 1st and 2nd defendants namely Kalianna Gounder and Vangalayee as their legal heirs namely Thangammal, Pappu and Manimegalai and the same was allowed 12/12/2014. Thereafter, the amendment was effected and the legal heirs were impleaded in REA No.06 of 2002, thereafter, the petitioner preferred the civil revision petition in CRP(NPD) No.294 of 2015 to strike off the REA No.06 of 2002 before this Court and the same was allowed on 27/8/2018.