Murugaiyan(Deceased) v. Jenbagalakshmi

C.M.P. No.5787 of 2022 in S.A. No.566 of 2017 S.S.SUNDAR, J., This petition is filed to transpose the petitioner / 5th respondent as appellant in the above second appeal.

2. Heard Mr. S.L.Sudarsanam, learned counsel for the petitioner.

3. It is stated that the appeal is preferred by the first defendant in the suit who is the father of the petitioner in this petition. It is further stated that the appeal is against the decree granting the relief of partition in favour of first respondent. From the pleadings, this Court is of the view that the petitioner is also interested in contesting the appeal preferred by her father disputing the right of plaintiff to have a share in the suit property.

4. In view of the identity of interest between the petitioner and her father, this Court is of the view that the petitioner is entitled to transpose herself as the appellant to prosecute the appeal. Hence, this petition is ordered. 01.04.2022 Note: Registry is directed to carry out necessary amendment in the above second appeal and post the second appeal along with S.A. No.741 of 2018. bkn https://www.mhc.tn.gov.in/judis

S.S.SUNDAR, J., bkn C.M.P. No.5787 of 2022 in S.A. No.566 of 2017 01.04.2022 https://www.mhc.tn.gov.in/judis