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Madras High CourtCMP/1824/2022ordered

N. Rajaram v. Kokila @ Kokilambal

2024-03-20Honourable Mr Justice P.B. Balaji2 pages

C.M.P.No.1824 of 2022 in S.A.No.147 of 2018 P.B.BALAJI, J.

The Learned Counsel for the respondents have not filed counter in C.M.P.No.1824 of 2022.

2. This C.M.P.No.1824 of 2022 has been filed to implead the petitioner herein as a party respondent No.3 in the Second Appeal.

3. I have gone through the affidavit filed in support of the said application.

4. It is the case of the petitioner, the proposed party that, pending the appeal, the sole appellant died and her legal heirs were already brought on record and the petitioner has purchased the property from respondents 8 & 9, who are the defendants, in and by a registered sale deed dated 26.08.2020 for valid sale consideration.

5. I find that the suit is for declaration and hence, it would be in the interest of the justice if the petitioner, the present owner is impleaded as a party respondent. Accordingly, the C.M.P.No.1824 of 2022 is ordered. https://www.mhc.tn.gov.in/judis

P.B.BALAJI, J.

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6. Mr.N.Manoharan, Learned Counsel for appellant submits that though the appellant has reported that the 2nd appellant/A.Chinnasamy died. However, the legal representatives, namely, appellants 6 & 7 have already been impleaded in the capacity of the legal representatives of the 1st appellant. Therefore, there is no necessity to take any fresh steps to implead the LRs of the deceased 2nd appellant.

7. The Learned Counsel for the respondents wants to file a memo in this regard. Post this matter on 25.03.2024. 20.03.2024 bsm Note: Registry is directed to carry out necessary amendment in the cause title. Post this matter on 25.03.2024.

C.M.P.No.1824 of 2022 in S.A.No.147 of 2018 https://www.mhc.tn.gov.in/judis