Pappa v. 1.Masana Konar (Died), 2. S.Esakkiammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN in S.A.(MD)No.828 of 2011 C.M.P.(MD).No.5633 of 2025:

1 PAPPA 2 S.SELVAM 3 NAMBIRAJAN ... PETITIONERS / APPELLANTS Vs 1 1.MASANA KONAR (DIED),

2. S.ESAKKIAMMAL 3 M.SIVAN PERUMAL 4 M.CHELLAPPA 5 M.SANTHANAM 6 U.RUKMANI ... RESPONDENTS / RESPONDENTS S.A.(MD)No.828 of 2011 1 PAPPA 2 S.SELVAM (*)3 Muthuramalingam ... Appellants / Appellants / Defendants 2 to 4 Vs 1 MASANA KONAR (DIED) 2 S.ESAKKIAMMAL 3 M.SIVAN PERUMAL (*)4 Thirumalai Nambi 1/4

5 M.SANTHANAM 6 U.RUKMANI ... RESPONDENTS / RESPONDENTS / PLAINTIFFS RR 2 TO 6 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED SOLE RESPONDENT VIDE COURT ORDER DATED 18.11.2020 MADE IN CMP(MD)Nos.569 & 570 of 2017 in SA(MD)No.828 of 2011 (*)Name of 3rd Appellant and 4th respondent amended vide court order dated 08.04.2025 made in CMP(MD)No.5633 of 2025 in SA(MD)No.828 of For Petitioner : Mr.H.Arumugam, Advocate For Respondent : Mr.V.George Raja, Advocate for Sole Respondent

ORDER

This civil miscellaneous petition is filed to amend the name of the third appellant as 'Muthuramalingam' instead of 'Nambirajan' and the name of the fourth respondent as 'Thirumalai Nambi' instead of 'Chellappa' in the grounds, affidavit and other petitions filed in the second appeal. 2.Perusal of records shows that right from the trial Court the name of the third appellant is shown only as 'Nambirajan'. According to the counsel for the petitioners that mistake was noticed only recently and the correct name of the third appellant is 'Muthuramalingam'. Hence, this petition. To verify the identity of him, the third appellant was directed to be present before this Court in person along with Aadhar 2/4

Card and other relevant documents. Any one of the respondents was also directed to be present today.

3.All are present. The adhar card with other relevant documents are produced and verified by this Court. Photograph also attested by the counsel. Vakalath has also been filed. Registry is directed to accept the vakalath filed by the counsel on behalf of the third appellant.

4.Similarly, it is also stated that the name of the fourth respondent is also wrongly mentioned as 'Chellappa' instead of 'Thirumalai Nambi'. 5.In view of the above said mistake committed right from the beginning and since there is no issue with regard to the identity of the parties, this petition is allowed.

6.Registry is directed to carry out necessary amendments in all the matters, wherever it is necessary, including the available trial Court records as well as the first appellate Court records.

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7.After carrying out the amendments, the order copy must be sent to the trial Court as well as the appellate Court for carrying out the amendments in the relevant registers available.

sd/- 08/04/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO 1 THE SUBORDINATE JUDGE, VALLIYOOR.

2 THE PRINCIPAL DISTRICT MUNSIF, NANGUNERI.

COPY TO:

THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in S.A.(MD)No.828 of 2011 Date :08/04/2025 MK/18.06.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4