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Madras High CourtA/6049/2025allowed

Srinivas Nithyanandan And Another v. T.D.Natarajan (Deceased) 1.Madhumathii (Minor) And 3 Others

2026-01-02Honourable Dr.Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HON'BLE DR.JUSTICE R.N.MANJULA A.Nos. 6049 & 6050 of 2025 in C.S.No.217 of 2022 and TOS No. 81 of 2013

1. Srinivas Nithyanandan, No.83/1A, Winding Wood Drive, Sayreville, NJ 08872, U.S.A Rep His Power of Attorney Smr. Rajalakshmi, No.309, Block 29, LIC Apartment, J.P.Nagar, 1st Phase, Bangalore - 78.

2. N.Chelvadorai Rep By Their Power of Attorney, Smt.Rajalakshmi, No.309, Block 29, LIC Apartment, J.P.Nagar, 1st Phase, Bangalore - 78.

..Applicants in both Applications Vs

1. T.D.NATARAJAN (Deceased)

2. Madhumathi (Minor), Rep. By Mother And Natural Guardian, Smt. Sumathi, No.47 Veerabadra Street, Nungambakkam, Chennai - 34.

3. T.N.Dhanalakshmi, W/o.Late T.D.Natarajan, Old Door No.26, New Door No.47, Veerabhadran Street, Nungambakkam, Ch-34.

4. Mrs.Radhika Ravishankar, W/o. Mr.V.Ravishankar, D/o.Late T.D.Natarajan, 6700, Knights Bridge Avenue, NW, Canton, Ohio 44718, USA.

5. Mrs.Chandrika W/o.Mr.S.Arul Prabhu, D/o. Late T.D.Natarajan, 5008, Arducci Drive, Pleasanton, CA-94558, USA.

(defendants 3 To 5 Brought On Records As Lrs. of Deceased 1st Defendants As Per Order Dated 23.08.2023 in A.Nos.4322 To 4324/2023).

..Respondents in both Applications PRAYER in A No. 6049 of 2025 - This Application is filed under Order XIV Rule 8 of O.S. Rules read with Order XXI Rule 15 of O.S. Rules read with Section 151 of C.P.C, to discharge the guardianship of the mother of 2nd Defendant namely N.Sumathi as guardian of 2nd defendant, consequently the 2nd defendant attained majority and permit the applicants to pursue further the above said C.S.No.217 of 2022 (C.S.No.729 of 2002). PRAYER in A No. 6050 of 2025 - This Application is filed under Order XIV Rule 8 of O.S. Rules read with Order XXXII Rule 12 of O.S. Rules read with Section 151 of C.P.C, to declare the majority of the 2nd defendant namely Madhumathi, (date of birth 03/09/1986) and permit the applicants to pursue further the above said C.S.No.217 of 2022 (C.S.No.729 of 2002.)

In both Applications For Applicant(s):

Mr.G. Thangavel For R3:

Mr.R.Vishnu C O M M O N O R D E R A.No.6049 of 2025 is filed to discharge the guardianship of the mother of 2nd Defendant namely N.Sumathi, consequent to 2nd defendant attained majority and A.No.6050 of 2025 is filed to declare the majority of the 2nd defendant namely Madhumathi, (date of birth 03/09/1986) and permit the applicants to pursue further the above said C.S.No.217 of 2022 (C.S.No.729 of 2002.) 2.Heard the learned counsel for the applicants and learned counsel for the 3rd respondent in both the applications.

3.Considering the reasons stated in the affidavit filed in support of the above applications, both the applications are allowed. 4.Considering the nature of the joint trial and the 2nd defendant also holds the same rank in T.O.S.No.81 of 2013, the declaration and removal of the

guardian has to be done in the said T.O.S. also. Hence, a common order is passed to declare the 2nd defendant as major and her mother who has been representing so far in her capacity as guardian shall be removed in T.O.S.No.81 of 2013.

5.Registry to carry out necessary amendments to that effect and let the matter be listed after two weeks.

02-01-2026 GSA

DR.R.N.MANJULA J.

GSA A.Nos. 6049 & 6050 of 2025 in C.S.No.217 of 2022 and TOS NO. 81 of 2013 02-01-2026