Madras High CourtCMP/21124/2019ordered

C. Duraisamy (Deceased) v. C.Sengottian

2024-04-23Honourable Ms. Justice P.T. Asha2 pages

C.M.P.Nos.21124 and 21121 of 2019 in A.S.No.317 of 2015 and C.M.P.Nos.21126 and 21128 of 2019 in A.S.No.351 of 1993 P.T.ASHA, J, C.M.P.Nos.21124 and 21121 have been filed by the petitioner to bring on record the legal heirs of the deceased sole appellant, the 2nd petitioner herein viz., D.S.Gunasekaran as 2nd appellant and the respondents 9 to 11, namely, D.Kanakaraj, Damayanthi and Selvanayagi as respondents 9 to 11 in the above first appeal in Tr.A.S.No.317 of 2015 and to set aside the abatement caused due to the death of the sole appellant C.Duraisamy in Tr.A.S.No.317 of 2015.

2.C.M.P.Nos.21126 and 21128 have been filed by the petitioner to bring on record the legal heirs of the deceased sole appellant, the 2nd petitioner herein viz., D.S.Gunasekaran as 2nd appellant and the respondents 9 to 11, namely, D.Kanakaraj, Damayanthi and Selvanayagi as respondents 9 to 11 in the above first appeal in Tr.A.S.No.351 of 1993 and to set aside the abatement caused due to the death of the sole appellant C.Duraisamy in Tr.A.S.No.351 of 1993.

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P.T.ASHA, J srn

3. Heard Mr.D.Selvaraju, learned counsel for the petitioner / proposed appellant in all C.M.Ps and Mr.J.Prithivi, learned counsel for the first respondent in C.M.P.Nos.21121 and 21124 of 2019. Learned counsel for the first respondent would submit that he has no objection to these petitions being ordered, but would submit that 9th respondent, D.Kanakaraj is no more.

4.Considering the submissions made on either side and being satisfied with the reasons stated in the affidavit filed in support of these petitions, these petitions are ordered. The petitioners are brought on record as appellants and respondents 10 and 11 are brought on record as respondents 9 and 10 in the above appeals. Steps shall be taken to bring on record the legal heir of the deceased D.Kanakaraj. The Registry is directed to carry out the necessary amendments.

23.04.2024 srn C.M.P.Nos.21124 and 21121 of 2019 in A.S.No.317 of 2015 and C.M.P.Nos.21126 and 21128 of 2019 in A.S.No.351 of 1993 https://www.mhc.tn.gov.in/judis