S.Anand Muruga Utharkar v. Mr.I.Shanmugadurai And 2 Others

A.No.2866 of 2025 in C.S.No.221 of 2015 C.V.KARTHIKEYAN, J.

This application has been filed consequent to the death of the second defendant viz., Mrs.Gnanadeebam who unfortunately died pending the suit on 22.12.2023. Her husband is the first defendant. Therefore, there is no issue of abatement. By this application, the relief sought is to recognise the first defendant as one of the legal heirs of the deceased second defendant and implead her daughter / third respondent herein as a further defendant.

2. The suit had been filed seeking specific performance and therefore, any decree granted would also bind the legal heirs. It is therefore essential that the legal heirs are brought on record.

3. Heard the learned counsel for the respondents also.

4. In view of the facts and circumstances of this case, this application stands allowed. The learned counsel for the plaintiff to carryout the necessary amendment indicating the death of the second defendant and recording that the first defendant is her legal heir and also bringing on record the daughter of the second defendant as the fourth defendant in the suit. 15.07.2025 gsk C.V.KARTHIKEYAN, J.

gsk https://www.mhc.tn.gov.in/judis

A.No.2866 of 2025 in C.S.No.221 of 2015 15.07.2025 https://www.mhc.tn.gov.in/judis