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Madras High CourtCMP/7736/2019ordered

T.R.Deivasigamani v. V.Shamsundar

2023-08-11Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P. No. 7736 of 2019 in S.A.No. 148 of 2007 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to accept the cause title in the above appeal.

2. Mr.V.Venkkatasamy, learned counsel for petitioner submitted that the second appeal was disposed on 03.09.2010 and after disposal of the appeal, the respondents 3, 4, 6, 10 and 11 were died, so their legal heirs have be impleaded as respondents in this petition to set aside the compromise memo. He would also submit that the 9th respondent is mother of 10th respondent, who died after disposal of Second Appeal. So, he prayed to implead legal heirs of 3, 4 and 11 as respondents 17 to 24 in the above second appeal, since they are necessary parties to set aside the compromise memo and it is just and necessary to file the present petition praying to accept the cause title.

3. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit as justifiable one, this petition is allowed. Registry is directed to carry out necessary amendment in the cause title.

11.08.2023 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P. No. 7736 of 2019 in S.A.No. 148 of 2007 11.08.2023 (2/2) https://www.mhc.tn.gov.in/judis