Sivakumar v. Mylathal

C.M.P. No.28873 of 2024 in S.A.SR.No.103404 of 2024 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to accept the cause title of the petitioners in the above second appeal.

2. Mr.M.R.Thangavel, learned counsel for petitioners submitted that during the pendency of appeal suit, the deceased respondent viz., Malarkodi, daughter of Natarajan died intestate on 12.06.2022 and she was originally arrayed as 18th plaintiff in the suit and 7th appellant in the appeal suit. However, she was not described as deceased in the judgment and decree passed by the first appellate court. Hence, he had shown her as deceased appellant in the present Second Appeal. Therefore, it is just and necessary to file the present petition praying to accept the cause title.

3. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit as justifiable one, this petition is allowed. Registry is directed to carry out necessary amendment in the cause title and to number the above Second Appeal it is otherwise found to be in order and post the matter on 17.02.2025.

02.01.2025 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P. No. 28873 of 2024 in S.A.SR.No.103404 of 2024 02.01.2025 https://www.mhc.tn.gov.in/judis