Santha Mylsamy v. Anandhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR SA Sr No.30258 of 2026 K. Mylsamy (died)

1. Santha Mylsamy, W/o. Mylsamy, No.94, Jambukundi, No.24, Veerapandi Panchayat, Thadagam Post, Coimbatore 641 108.

Masaniammal (died)

2. Anusudha, D/o. Mylsamy,

94. Jambukundi, No.24, Veerapandi Panchayat, Thadagam Post,Coimbatore 641 108.

3. Sivagami, D/o. Late. Masaniammal, D.No.11/37, Chinnajambukundi, Yaanaikatti, Coimbatore 641 108.

4. Selvi, D/o. Late. Masaniammal, D.No.11/37, Chinnajambukundi, Yaanaikatti, Coimbatore 641 108.

..Petitioner(s) Vs Anandhi, W/o. Amsaraj, No.3/334, Kalangal Panchayat, Sulur Taluk, Coimbatore.

..Respondent(s) This petition has been filed to accept the cause title that has been given in the second appeal.

For Petitioner(s):

Mr. N.Ishtiaq Ahmed

ORDER

This Petition has been filed seeking to accept the cause title that has been given in the second appeal.

According to the petitioners/appellants, the third appellant before the first appellate court in A.S.No.34 of 2020, namely Masaniammal, died, even during pendency of the first appeal, leaving behind the petitioners herein as her legal representatives. However, in the judgment in A.S.No.34 of 2020, the death of Masaniammal has not been recorded and the petitioners/appellants have not been recorded as Legal heirs of the deceased Masaniammal before the first appellate court.

Since the death of Masaniammal has not been recorded in the judgment passed by the first appellate court, this court is not inclined to accept the cause title as shown in the second appeal.

Accordingly, this civil miscellaneous petition is dismissed with a direction to the Registry to return the second appeal papers to the petitioners/ appellants to get the certified copy of the judgment and decree passed by the first appellate court suitably amended.

08-04-2026 MST

S.SOUNTHAR, J.

MST SA Sr No.30258 of 2026 08-04-2026