C.A. Susheela (Died) v. R. Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.Nos.30217 & 30216 of 2024 in A.S.No.468 of 2021 Mrs.C.A.Susheela (Deceased)

2. Mr.Jude Joseph.D

3. Ms.Gemma Bridget D'Silva

4. Mrs.Mary Lucy

5. Mrs.Margaret Mary

6. Mrs.Auxilla Christina Arokiadass

7. Mr.Augustine Francis D'Silva - Son

8. Mrs. Patrica Xavier ... Petitioners / Proposed Appellants No. 2 to 8 in both CMPs Vs.

1. Mr.R.Srinivasan

2. Mrs. C.Vedavalli ... Respondents / Respondents in both CMPs PRAYER IN CMP.No.30217 of 2024 : This Civil Miscellaneous Petition filed under Order XXII Rule 9 (2) of CPC, 1908, read with section 151 of CPC, 1908, praying to set aside the abatement caused due to the death of the first appellant / C.A.Susheela on June 12, 2024 in the above appeal suit in A.S.No.468 of 2021.

PRAYER IN CMP.No.30216 of 2024 : This Civil Miscellaneous Petition filed under Order XXII Rule 3 of CPC, 1908 read with section 151 of CPC, 1908, praying to bring on record the legal heirs of deceased Page No.1 of 4

C.A.Suseela viz., (a) Mr. Jude Joseph.D, (b) Ms.Gemma Bridget D'Silva, (c) Mrs.Mary Lucy, (d) Mrs.Margaret Mary, (e) Mrs.Auxilla Christina Arokiadass, (f) Mr.Augustine Francis D'Silva and (g) Mrs. Patrica Xavier as proposed appellants No.2 to 8 in the above Appeal. For Petitioners :

Mr.S.Rajendran in both CMPs For Respondents : Mr.Ranjith for M/s. S.Mythili Srinivas in both CMPs COMMON ORDER CMP.No.30217 of 2024 has been filed to set aside the abatement caused due to the death of the first appellant / C.A.Susheela on June 12, 2024 in the above appeal suit in A.S.No.468 of 2021.

3. CMP.No.30216 of 2024 has been filed to bring on record the legal heirs of deceased C.A.Suseela viz., (a) Mr. Jude Joseph.D, (b) Ms.Gemma Bridget D'Silva, (c) Mrs.Mary Lucy, (d) Mrs.Margaret Mary, (e) Mrs.Auxilla Christina Arokiadass, (f) Mr.Augustine Francis D'Silva and (g) Mrs. Patrica Xavier as proposed appellants No.2 to 8 in the above Appeal.

4. Heard Mr.S.Rajendran, learned counsel appearing for the petitioners / appellants and Mr.Mr.Ranjith, representing M/s. S.Mythili Srinivas learned counsel on record for the respondents. Page No.2 of 4

5. On being satisfied with the reasons stated in the affidavits filed in support of these petitions and also considering the submissions made on either side, this Court is inclined to allow these petitions. Accordingly, these petitions are allowed without costs.

04.07.2025 av Note: Registry is directed to carry out necessary amendment in the appeal papers.

Page No.3 of 4

R.SAKTHIVEL, J.

av CMP.Nos.30217 & 30216 of 2024 in A.S.No.468 of 2021 04 / 07 / 2025 (1/3) Page No.4 of 4