Nagarajan v. Santhammal

C.M.P.Nos.8277 of 2021 and 31 & 36 of 2022 in S.A.No.9 of 2008 G.ARUL MURUGAN, J., The miscellaneous petition in C.M.P.No.8277 of 2021 is filed to bring on records of the proposed respondents 19 to 25/legal heirs of the deceased first respondent viz., Santhammal.

This Court by order dated 30.04.2021, issued notice to the proposed respondents 19 to 25 and service was completed on proposed respondents 19 to 22, 24 and 25.

2.

In the meantime, the proposed 23rd respondent died and the appellants have taken out the petition in C.M.P.No.31 of 2022 to substitute the proposed respondents 26 & 27, who are the wife and minor daughter of the deceased proposed 23rd respondent. This Court by order dated 30.09.2022, issued notice to the proposed respondents 26 & 27. Since the notice sent was returned with an endorsement "Left", this Court by order dated 11.11.2022 permitted the appellants to effect the service to the proposed respondents 26 & 27 by substituted service through paper publication in 'Malai Malar' Tamil daily. Further, the appellants have also taken out the petition in C.M.P.No.36 of 2022 to appoint the proposed 26th respondent as a guardian and next frient of her minor daughter/proposed 27th respondent. 3.

As per the above orders of this Court, the appellants have taken out the paper publication in 'Malai Malar' Tamil daily, Salem edition, dated 29.11.2022 and the appellants have filed a memo dated 01.12.2022 enclosing the paper publication. As

such service on the proposed respondents 26 & 27 has been completed and their name are also printed in the cause list and further, service on the proposed respondents 19 to 22, 24 & 25 has been done in C.M.P.No.8277 of 2021. 4.

Even though service on all the proposed respondents has been completed, no one has entered appearance before this Court. 5.

Perused the affidavit filed in support of these petitions and having satisfied with the reasons, these C.M.P's are ordered and the proposed 26th respondent is appointed as a natural guardian and next friend of the proposed 27th respondent. Registry is directed to make necessary amendments in the second appeal in S.A.No.9 of 2008.

14.02.2024 (1 /2) apd

G.ARUL MURUGAN, J., apd C.M.P.Nos.8277 of 2021 and 31 & 36 of 2022 in S.A.No.9 of 2008 14.02.2024 ( 1 /2 )