M/S.Sree Subhiksha Housing And v. Mr.N.Anand Alias Nithtanand (Deceased) 1.Mrs.A.Thara And Another

A.No.4958 of 2021 in C.S.No.372 of 2018 ABDUL QUDDHOSE, J.

This application has been filed to bring on record the fact that the first defendant died on 03.06.2021 leaving behind the existing defendants 2 and 3 as his only legal heirs.

2. The death certificate of the first defendant N.Anand has been filed which reveals that he died on 03.06.2021. The applicants have sworn to an affidavit that the remaining defendants are the only legal heirs of the deceased first defendant N.Anand, who was originally the first defendant in the suit.

3. After giving due consideration to the averments contained in the affidavit filed in support of this application and also after giving due consideration to the fact that the defendants were set exparte by this Court on 03.08.2020, this Court is inclined to allow the prayer sought for in this Application.

4. Accordingly, this application is allowed and it is recorded that the first defendant died on 03.06.2021 and the applicant is permitted to insert the word https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE, J.

sr/ab "died" after the name of the first defendant wherever it appears in C.S.No.372 of 2018.

5. Learned counsel for the plaintiff is directed to carry out the amendment in terms of today's order and file the amended copy of the plaint thereafter.

6. Once amendment is carried out, Registry is directed to post the matter before the learned Master for recording evidence, 24.01.2022 sr/ab A.No.4958 of 2021 in C.S.No.372 of 2018 https://www.mhc.tn.gov.in/judis