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Madras High CourtA/2645/2019ordered

Smt.S.Rukmini Reddy, v. Smt.S.Aruna

2019-04-10Honourable Mr Justice M. Sundar5 pages

A.No.2645 of 2019 in O.P.No.866 of 2015 M.SUNDAR, J.

Instant application has been taken out by sole petitioner in the main 'Original Petition' ('OP' for brevity).

2. Ms. R. Vaisheli, learned counsel representing the counsel for applicant/petitioner submits that 7th respondent in the main OP Smt.T.Seetharathnamma (W/o. T.Kodandarami Reddy) died pending proceedings and it is submitted that the date of demise is 13.01.2019. Learned counsel for applicant/petitioner submits that the demise of 7th respondent has necessitated the filing of the instant application with a prayer to bring on record respondents 15 to 22 in the instant application as Respondents 15 to 22 in the main OP, in their capacity as legal heirs of deceased 7th respondent Smt.T.Seetharathnamma.

3. Mr.D.Anandan, learned counsel is before this Court. Learned counsel submits that he along with Mr.S.Udaya Kumar and Mr.S.A.Udaya Kumari with address for service at 102, Law Chamber, High Court Buildings, Chennai - 600 104 were hitherto appearing for deceased Mrs.T.Seetharathnamma (7th respondent in main OP), said counsel now have been instructions to accept notice on behalf of respondents 15 to 22.

Saying so, learned counsel accepts notice on behalf of respondents 15 to 22 in instant application. Learned counsel submits that there is no serious objection or opposition to the instant application.

4. Learned counsel also undertakes to file Vakalatnama in the main OP on behalf of respondents 15 to 22 herein after necessary and consequential amendments are carried out and after copies of amended OP are served on the learned counsel.

5. In the light of the aforesaid narrative, having perused the affidavit filed in support of the instant application and having heard learned counsel on both sides, this Court finds that the prayer is innocuous and it is necessary that the same is acceded to for carrying the main OP to its logical end.

6. Application is ordered as prayed for. Counsel for applicant/petitioner is granted a fortnight's time to carry out necessary and consequential amendments or in other words, necessary and consequential amendments shall be carried out on or before 24.04.2019. Amended copies of the Original Petition shall be served on the aforesaid counsel, who accepted notice on behalf of respondents 15 to 22 on or before 30.04.2019.

7. Counsel, who was accepted notice on behalf of respondents 15 to 22 shall file Vakalatnama in the main Original Petition on or before 12.06.2019.

List the main OP thereafter.

10.04.2019 gpa/mp

M.SUNDAR.J., gpa/mp A.No.2645 of 2019 in O.P.No.866 of 2015 10.04.2019