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Madras High CourtCMP/16435/2021ordered

Minor Minisamy @ Ilayaraja v. Minor Swetha Srilekha

2025-03-24Honourable Mrs.Justice T.V.Thamilselvi3 pages

C.M.P.Nos. 16435 & 16432 of 2021 in S.A. No. 1287 of 2000 & 1392 of 2005 T.V. THAMILSELVI, J.

The above Civil Miscellaneous Petitions have been filed seeking a direction to declare the 1st petitioner Minisamy @ Ilayaraja in S.A.No.1287 of 2000 and petitioner in S.A.No. 1392 of 2005 as major in the above appeal and to permit him to prosecute the above Second Appeals in his own name and to discharge the 2nd petitioner in S.A.No.1287 of 2000 and Guardian Mrs.Vijaya in S.A.No.1392 of 2005 from the guardianship of minor 1st petitioner in the above Second Appeals.

2. Today, when the matters was taken up for hearing, the learned counsel appearing for petitioners/appellants submitted that, at the time of filing appeal, the 1st petitioner was a minor and now, he attained majority. To that effect, his birth certificate was produced. Hence, the above petitions have been filed to declare the 1st petitioner as major and also to discharge 2nd petitioner from the guardianship.

3. Considering the above facts and circumstances, these petitions are allowed. Registry is directed to carry out necessary amendment in the cause title.

4. Furthermore, the learned counsel for respondents 4 and 5 is directed to verify whether the retirement benefits of Venkatachalam to anyone of legal heirs and who has got compassionate appointment and to submit a report before this court. The learned counsel for appellants reported that 3rd appellant in S.A.No.1287 of 2000 died and her legal heirs are already on record. Her submission is recorded.

5. Post the matters on 17.04.2025.

24.03.2025 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 16435 & 16432 of 2021 in S.A. No. 1287 of 2000 & 1392 of 2005 24.03.2025