Raghupathy v. Selvam

M.SUNDAR, J., Captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] has been filed with a prayer to bring on record the legal representatives of deceased first appellant one Thiru. Raghypathy, son of Thiru.Ramanuja Naidu.

2. To be noted, in the main second appeal there are two appellants and two respondents.

3. The two appellants are siblings, both sons of Thiru.Ramanuja Naidu. As already alluded to supra, first appellant, Thiru. Raghupathy died on 30.08.2023 leaving being his wife Mrs.Krishnaveni as his sole legal heir. Captioned CMP has been taken out with a prayer to bring on record aforementioned Mrs.Krishnaveni, wife of Late Thiru.Raghupathy as third appellant in the captioned second appeal. Respondents 1 and 2 in the main second appeal have been arrayed as Respondents 1 and 2 respectively in the captioned CMP also.

4. Ms.P.Srividhya, learned counsel for petitioners in the captioned CMP reiterated the above facts and submitted that it is imperative that captioned CMP is ordered i.e., imperative for main second appeal to be heard out.

5. Mr.B.Jawahar, learned counsel for respondents very fairly submits that the prayer being innocuous, there is no objection to the same. This submission is recorded.

6. In the light of the fair stand taken by the respondents, it is not necessary to dilate further on facts. Though obvious, it is made clear that all the rights and contentions of the appellants and respondents in the main second appeal are preserved for being heard out in the main second appeal. With this caveat, captioned CMP is ordered as prayed for. Registry is directed to carry out necessary and consequently amendments within a fortnight from today i.e., by 08.02.2024.

Registry to not to show the name of Mr.S.Sounthar as he has since been elevated to the Bench of this Court and he is now a Hon'ble sitting Judge of this Court.

18.01.2024 gpa

M.SUNDAR, J., gpa 18.01.2024