Mariyappan (Deceased) v. Sakthivel

CMP.No.6781/2022 in SA.No.183/2017 S.S.SUNDAR, J., The above miscellaneous petition is filed to transpose the respondents 2 and 3 as appellants in the Second Appeal.

2.Heard the learned counsel for the petitioners and Mr.C.Jagadish, learned counsel for the 1st respondent/contesting respondent.

3.It is stated that the appellant in the Second Appeal, namely, Mariyappan is the father of the petitioners who are the respondents 2 and 3 in the appeal. The suit is for specific performance and the appellant and respondents 2 and 3 in the appeal have a common cause of action.

4.In view of the fact that the appellant Mariyappan is no more, this Court is of the view that ordering the petition filed by the petitioners/respondents 2 and 3 in the appeal, to transpose them as appellants would be appropriate.

5.Hence, this Civil Miscellaneous Petition is ordered and respondents 2 and 3 in the Second Appeal are transposed as appellants in the above Appeal.

19.04.2022 https://www.mhc.tn.gov.in/judis AP Internet: Yes