Anjappan v. Pethappa

C.M.P.Nos.20910 and 20911 of 2023 in S.A.No.1255 of 2014 C.M.P.Nos.20910 and 20911 of 2023 in S.A.No.1255 of 2014 P.B.BALAJI, J.

These petitions have been taken out to discharge the guardian of minor respondents 5 and 6 and also to declare respondents 5 and 6 as majors.

2. On the last occasion, when the applications were heard, this Court had directed the petitioner/appellant to file a better affidavit along with some acceptable documentary evidence to show that the minors have attained the age of majority.

3. Today, the appellant (Anjappa) has filed an affidavit wherein he has stated that the 1st respondent who died pending the second appeal on 22.12.2017, leaving behind the legal representatives which is evident by Legal Heir Certificate issued by the Tahsildar, Hosur Taluk, Krishnagiri District on 21.01.2020. The said Legal Heir Certificate is also filed along with the affidavit. It is seen from the said Certificate that the minors/respondents 5 and 6 are aged 26 years and 23 years respectively in 2020 itself.

https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.20910 and 20911 of 2023 in S.A.No.1255 of 2014 P.B.BALAJI, J.

Sgl

4. Taking note of the said additional affidavit and the Legal Heir Certificate, these petitions are allowed.

5. The Registry is directed to carry out the amendment and post the Second Appeal for hearing on 11.03.2024.

26.02.2024 Sgl C.M.P.Nos.20910 and 20911 of 2023 in S.A.No.1255 of 2014 https://www.mhc.tn.gov.in/judis 2/2