Kulandhai Theresa v. Rosemary

CMP NO. 4834 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 4834 of 2024 in SA SR.No.162644 of 2023 Kulandhai Theresa W/o.Late Mathalaisamy, FMD No.15, Peterman Quarters, Mettu Dam - 1, Mattur Taluk, Salem District. and 2 Others Appellant(s) Vs ROSEMARY W/o.G.SElvam, Mitta Thinnahalli Post, Poolapatti Laligam Via, Dharmapuri Taluk, Dharmapuri District. Joseph (Died) and 6 Others Respondent(s) For Appellant(s):

V.Elangovan For Respondent(s):

M/s.L.P.Maurya For R6 M/s.P.Mani For R 1 M/s.M.Rajendiran For R2 To R5 R7 - Deceased

ORDER

Today, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the appellants. 1/4

2. The learned counsel for the appellant pointed out that the contesting respondents are R1 and R2 to R5. However, in Paragraphs 4 of the order dated 24.02.2025 in CMP.No.4834 of 2024, they were wrongly mentioned as respondents 5 and 6.

3. Therefore, paragraph No.4 of the order dated 24.02.2025 passed by this Court in CMP.No.4834 of 2024 in SA SR.No.162644 of 2023, is to be replaced as follows:

"4.Considering the facts and circumstances, and the fact that she is a widow lady and due to illiteracy, they were not able to file the appeal within a stipulated time and to avoid multiplicity of proceedings as well as to give one more opportunity, this Court is inclined to allow this petition on condition that the petitioners shall pay a total cost of Rs.2,500/- each (totally a sum of Rs.5,000/-) payable to the learned counsel for the respondents 1, and 2 to 5 respectively within a period of one week from the date of receipt of a copy of this order. Registry is directed to number the Second appeal if it is otherwise found to be in order and post the matter on 19.03.2025."

2/4

4. Registry is directed to incorporate the above correction in paragraph No.4 of the order of this Court in CMP.No.4834 of 2024 in SA SR.No.162644 of 2023, dated 24.02.2025, and issue a fresh order copy to the parties forthwith.

5. In other respects, the order dated 24.02.2025 shall remain unaltered.

6. The appellants are directed to pay the cost within a period of one week from the date of receipt of a copy of this order. 04-03-2025 rri 3/4

T.V.THAMILSELVI, J.

rri CMP NO. 4834 of 2024 in SA SR.No.162644 of 2023 04.03.2025 4/4