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Madras High CourtCMP/3369/2019ordered

P.Saranya v. S.Paneerselvam

2019-04-02Honourable Mr Justice V. Bharathidasan3 pages

C.M.P. 3369 of 2019 in A.S. Sr.Nos. 44861 of 2012 V.BHARATHIDASAN,J.

This Civil Miscellaneous Petition has been filed seeking to accept the cause title as stated in the Memorandum of Grounds of Appeal .

2. Today, when the matter came up for hearing, the learned counsel for the petitioner/appellant submitted that the 2nd appellant has filed the suit along with the 1st appellant and 7th respondent herein. Since the 2nd appellant was minor at the time of filing the Suit, he was represented by his mother as natural guardian. Pending appeal, the 2nd appellant became major. Hence, he has filed the above petition to accept the cause title and he may be allowed to file the above appeal along with his sister.

3. Considering the circumstances, as the petitioner/2nd appellant has become major, the above Civil Miscellaneous Petition is allowed.

02.04.2019 rpp

C.M.P. 7248 of 2019 in A.S. Sr.Nos. 44861 of 2012 V.BHARATHIDASAN,J.

This Civil Miscellaneous Petition has been filed seeking to to discharge P.Saraswathi as the natural guardian of 2nd petitioner viz., P.Gokulnath and permit him to file the present appeal along with his sister by granting leave to proceed.

2. Today, when the matter came up for hearing, the learned counsel for the petitioner/appellant submitted that the 2nd appellant has filed the above petition to accept the cause title on the ground that, the Suit has been filed by the Petitioner/2nd appellant as minor represented by mother as a guardian and the suit came to be dismissed. Now, challenging the judgment and decree, the present Second Appeal has been filed. Pending appeal, the 2nd appellant became major. Hence, he has filed the present petition to declare petitioner/2nd appellant as major, and his mother has also filed supporting affidavit for declaring the 2nd petitioner/appellant as major.

3. Considering the circumstances, as the petitioner/2nd appellant has become major, the above Civil Miscellaneous Petition is allowed. Registry is directed to number the Appeal, if the papers are otherwise found to be in order. 02.04.2019 rpp