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Madras High CourtCMP/11774/2019ordered

Saraswathy v. A. Jayaraman

2022-07-26Honourable Mrs Justice T.V.Thamilselvi3 pages

C.M.P.No. 11774 of 2019 in S.A. No. 94 of 2014 and Cont. P. No.2366 of 2018 T.V. THAMILSELVI, J.

This petition has been filed seeking to implead proposed respondents 7 to 20 in the above Second Appeal.

2. Today, when the matter came up for hearing, the learned counsel appearing for proposed respondents 7 to 20 except 11th respondent appeared and submitted that the respondents 2 to 6 have settled the shares of one Saraswathi as well as Durai by paying substantial amount and then the proposed respondents 7 to 20 have purchased the same from respondents 2 to 6.

3. Admittedly, all the purchases have been made during the pendency of suit proceedings. Hence, subject to their objections, this petition is allowed.

4. The learned counsel for 1st respondent appeared and reported that the 3rd respondent Narayanasamy died. Accordingly, he would file a memo to that effect and to take steps for impleading legal heirs of 3rd respondent, he seeks time.

5. The learned counsel for 1st respondent has also filed the affidavit of 1st respondent, who is aged about 91 years, stating that he has not put up any construction in the suit property. The affidavit filed by the 1st respondent to that effect is recorded.

6. For filing objections, if any by the learned counsel appearing for respondents 4 to 6, post the matters on 05.08.2022 finally.

7. Registry is directed to carry out necessary amendment in the cause title of Second Appeal.

26.07.2022 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 11774 of 2019 in S.A. No. 94 of 2014 and Cont. P. No.2366 of 2018 26.07.2022