K.Subbulakshmi @ Pappayee v. C.V.Ramasamy Pillai

CMP.No.4888 of 2019 in S.A.No.1834 of 1999 P.RAJAMANICKAM.J., This petition has been filed by the appellant to set aside the order dated 28.01.2019 permitting the petitioner to give up the third respondent in the above second appeal.

2. The learned counsel for the second respondent requested to grant some more time for filing counter. Already, two adjournments given for filing counter, but the second respondent has not filed any counter. Hence, this Court feels that there is no meaning in giving any more adjournment.

3. According to the petitioner, the third respondent is only daughter of the deceased first respondent and her presence before the Court is absolutely necessary for deciding the issues involved in the above case effectively. Her further case is that inadvertently her counsel has made an endorsement that R3 is given up and she requests to permit her to withdraw the aforesaid endorsement and permit her to send notice to R3.

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P.RAJAMANICKAM.J., vv

4. It appears that the said reasons are acceptable. So far, R3 has not appeared. Under the said circumstances, this petition is allowed that it would not cause any prejudice either to the second respondent or to the third respondent. Hence, this court inclined to allow this petition.

5. In the result, this petition is allowed. No costs. 28.03.2019 (1/3) Vv CMP.No.4888 of 2019 in S.A.No.1834 of 1999 http://www.judis.nic.in