M.Sushma v. G.Mukundhan,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 21ST DAY OF DECEMBER 2018 THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM A.NOs.10112, 10114 and 10117 of 2018 in O.P.No.831 of 2017 In the matter of Guardian and Wards Act VIII of 1890 and In the matter of minor M.Saswati born on 24.10.2007 and minor M.Sathvika born on 02.11.2009.
M.Sushma D/. D.Murali No.54, Manju Apartments, 1st Floor, Pillayar Kovil Street, Nesappakkam, K.K.Nagar West, Chennai 600 078.
...Applicant/Petitioner -VsG.Mukundhan, S/o. S.Gopalakrishnan No.62, Balaji Garden Extention, Subramaniya Palayam, GN Mills, Coimbatore 641 029.
...Respondent/Respondent
A.No.10112 of 2018:
Application praying that this Hon'ble Court be pleased to permit the petitioner to file the additional proof affidavit.
A.No.10114 of 2018:
Application praying that this Hon'ble Court be pleased to reopen the evidence of PW1 closed on 10.09.2018.
A.No.10117 of 2018:
Application praying that this Hon'ble Court be pleased to recall the evidence of PW1 closed on 10.09.2018. These Applications coming on this day before this court for hearing, the court made the following order: These applications are filed seeking permission to reopen the evidence of PW1, recall the evidence of PW1 and permit the petitioner to file additional proof affidavit
2. Ms.A.Arulmozhi, learned counsel for the applicant / petitioner would state that the above Original Petition was filed by the mother of the minor children to appoint her as guardian. Though the respondent received notice, he is not contesting the matter.
3. It is further stated that the proof affidavit of the applicant was filed on 10.09.2018 and documents Exs.P1 to P9 were marked, however, due to inadvertence, some of the facts were not stated in the proof affidavit. Hence, these applications.
4. Heard the learned counsel for the applicant and perused the materials available on record.
5. On being satisfied with the averments stated in the affidavit filed in support of these applications and also considering the submissions made by the learned counsel for the applicant, these applications are allowed. Sd/M.K.K.S.J.
21.12.2018 //Certified to be a true copy// Dated this the th day of 2019. DL/11.01.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.