S.SAMPATHKUMAR Vs. VALLIAMMAL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order dated 17.10.2014 passed in I.A.No.773 of 2013 in O.S.No.24 of 2008 on the file of the District Munsif Court, Palani.

(2.) Learned counsel for the petitioner would submit that O.S.No.24 of 2008 on the file of the District Munsif Court, Palani was filed by one M.N.Mayilsamy Gounder and pending suit, he died. The petitioners herein on the basis of a registered will dated 15.10.2010 executed by the said M.N.Mayilsamy Gounder filed a petition to implead themselves as legal heirs of the deceased plaintiff/M.N.Mayilsamy Gounder in the above suit. The Trial Court disposed of the said petition by order dated 17.10.2014 directing the petitioners to implead themselves in the above suit along with other leal heirs of deceased plaintiff. Aggrieved by the said order, the petitioners have filed this revision petition.

(3.) It is further submitted that the deceased plaintiff/M.N.Mayilsamy Gounder is the father of the 2nd petitioner and maternal grandfather of the 1st petitioner and the suit was filed by the said M.N.Mayilsamy Gounder for the relief of declaration that the settlement deed dated 08.03.2007 executed by the 2nd defendant in favour of the 1st defendant is not valid and for consequential permanent injunction restraining the defendants from utilizing the income generated from the suit property for the purposes other than pooja related activities to the Samadhi of Muthusamy Gounder located in the suit property. The registered will was executed by the said M.N.Mayilsamy Gounder in favour of the petitioners and 1st petitioner's father. In respect of the civil cases conducted by M.N.Mayilsamy Gounder, he nominated the petitioners and 1st petitioner's father to conduct the same either singly or jointly after his death and after his death, the petitioners filed the above I.A to implead themselves as legal heirs of the deceased plaintiff in the suit based on the abovesaid will. The learned Judge by impugned order dated 17.10.2014 has passed an order allowing the application holding that other legal heirs of the deceased plaintiff/M.N.Mayilsamy Gounder also have to be impleaded.