Madras High CourtCMP(MD)/9591/2023dismissed

1. M. Veerappan (Died), 2. R. Indira Alias Nachammai, v. M. Palaniappan,

2025-06-11Honourable Mr.Justice G.Arul Murugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN SA(MD).No.363 of 2018 1.M.Veerappan (died) 2.R.Indira @ Nachammal 3.Sivagami 4.Sethuraman 5.Chittal ... Petitioner / Appellants -vs1.M. Palaniappan

2. M.Venkatachalam ... Respondents PRAYER: This petition is filed under Order 1 Rule 10 CPC r/w. Order 23 Rule 1A CPC to transpose R.Indira @ Nachammal, 2nd appellant in the above Second Appeal as 3rd respondent in the above SA(MD).No.363 of 2018 on the file of this Court. For petitioners : Mr.V.A. Shanmugaraj For respondent No.1 : Mr. A. Silambarasan For respondent No.2 : Mr.R.Sundar Srinivasan 1/3

ORDER

This petition is filed to transpose the 2nd appellant viz., R.Indira @ Nachammal in SA(MD).No.363 of 2018 as 3rd respondent in the above Second Appeal.

2. The suit filed by the plaintiffs was partly decreed. They preferred the first appeal. Insofar as the relief sought for as against the sale executed by D1 and D2 was dismissed. The first appeal also came to be dismissed. Against which the plaintiffs have filed the second appeal.

3. Pending Second Appeal, the first appellant / first plaintiff died and the legal heirs were brought on record as A3 to A5 and now, the counsel has also been entered appearance on behalf of A3 to A5. While, the 2nd appellant is also represented by separate counsel. The legal heirs of the first appellant viz., A3 to A5 filed the above CMP to transpose the 2nd appellant as the 3rd respondent in the above appeal.

4. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submits that they are not pressing with the above petition to 2/3

transpose to be get along with the appeal.

5. In view of the same, this petition is dismissed. sd/- 11/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE SUBORDINATE JUDGE, DEVAKOTTAI.

2 THE PRINCIPAL DISTRICT MUNSIF JUDGE, KARAIKUDI.

ORDER

IN CMP(MD) No.9591 of 2023 Date :11/06/2025 PR/16.06 .2025 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3