Madras High CourtCMP/12086/2021ordered

Appasamy Kounder v. Paramasiva Udayar (Died)

2024-01-12Honourable Mr Justice M. Sundar3 pages

in SA.No.308 of 2010 M.SUNDAR, J Captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] has been filed with a prayer to bring on record the legal heirs of one Paramasiva Udayar, Son of Rangan Udayar, who was first respondent in the main Second Appeal.

2. Ms.J.Deepika, learned counsel representing the counsel on record for petitioners/appellants submits that aforementioned Paramasiva Udayar died on 21.08.2020 leaving behind two sons and three daughters and as per paragraph 3 of support affidavit, these five legal heirs are as follows:

1. Rajendiran, S/o.Paramasiva Udayar, (2nd Respondent)

2. Vinayagam, S/o.Paramasiva Udayar, (3rd Respondent)

3. Rajakumari, W/o.Krishnamoorthy

4. Kala, W/o.Velu

5. Kanchana, D/o.Paramasiva Udayar

3. Of the aforementioned five legal heirs, the two sons Rajendiran and Vinayagam are already respondents 2 and 3 respectively in the main Second 1/3

Appeal. Therefore, they are now recorded as legal heirs of deceased first respondent Paramasiva Udayar.

4. Be that as it may, as regards aforementioned three daughters, who are respondents 4 to 6 in captioned CMP they are now brought on record and they shall now be respondents 4 to 6 in the main Second Appeal as Ms.Selvi Rajesh, learned counsel for respondents 2 and 3 accepts notice for the three daughters also and does not oppose the petition to bring on record the three daughters. Learned counsel submits that she along with Mr.P.Rajesh with address for service at No.162/344, Thambu Chetti Street (Upstairs of Udpi S.S.Bhavan), 2nd Floor, Chennai-600 001 has already filed vakalat for the daughters.

5. In the light of narrative thus far, captioned CMP ordered in the aforesaid manner. Registry to carry out consequential and necessary amendments within a fortnight from today i.e., by 02.02.2024.

6. Captioned CMP ordered in the aforesaid manner with aforementioned directive to Registry. There shall be no order as to costs. 12.01.2024 (1/2) kmi 2/3

M.SUNDAR, J kmi in SA.No.308 of 2010 12.01.2024 (1/2) 3/3