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Madras High CourtCMP(MD)/4926/2023allowed

Allikrishnan, v. 1. Gabriel (Deceased), 2 G. Saraswathy,

2023-06-28Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.SARAVANAN CRP(MD) No.1264 of 2021 AND CMP(MD) No.7263 of 2021 CMP(MD).4926/2023:

1 ALLIKRISHNAN, 2 VISHNUPRIYA, 3 VISHNUPRAKASH, ... PETITIONERS/PETITIONERS Vs 1 GABRIEL (DECEASED), 2 G.SARASWATHY, 3 G.BABU, ... RESPONDENTS/RESPONDENTS CRP(MD).1264/2021:

1 ALLIKRISHNAN 2 VISHNUPRIYA 3 VISHNUPRAKASH ... PETITIONERS/PETITIONERS/ DEFENDANTS 2 TO 4 Vs GABRIEL (DIED) ... RESPONDENT/RESONDENT/ PLAINTIFF 2 G.SARASWATHI 1/3

(*)3 GEEYES SUDHAKAR ... RESPONDENTS 2 & 3 (RESPONDENTS 2 & 3 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED SOLE RESPONDENT VIDE COURT ORDER DATED 20.03.2023 MADE CMP(MD) No.503/2022 IN CRP(MD).1264/2021) (*)NAME OF THE 3rd RESPONDENT IS SUBSTITUTED/AMENDED VIDE COURT ORDER DATED 28.06.2023 MADE IN CMP (MD) No.4926/2023 IN CRP(MD).

No.1264/2021.

PRAYER IN CMP(MD).4926/2023:

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioners to amend the Civil Revision Petition in C.R.P.(MD). No. 1264 of 2021 including the accompanying petitions as per the particulars of Amendment mentioned hereunder and thus render justice.

PARTICULARS OF AMENDMENT 1.

In the cause title, the name G.Babu son of Gabriel be substituted by the name "Geeyas Sudhakar son of Gabriel". PRAYER IN CRP(MD).1264/2021:

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the Fair and Decreetal order made in I.A.No.1/2019 in O.S.No.92/2013 dated 21.04.2021 on the file of Principal District Judge,at Nagercoil and thus render justice.

Prayer in CMP(MD). 7263/ 2021 :

To stay the impugned proceedings in I.A.No.1/2019 in OS.No.92/2013 dated 21-04-2021 on the file of Principal District Judge, at Nagercoil and thus render justice.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.DINESH, Advocate for the petitioner and of Mr.K.S.VAMSIDHAR, Advocate on behalf of the 2nd Respondent, the court made the following order:- Being satisfied with the reasons given in the affidavit in support of this petition, this petition is allowed. 2/3

The Registry is directed to carry out necessary amendments. Interim Order already granted is extended till then. List the case for further arguments and further enquiry on 20.07.2023.

sd/- 28/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO THE PRINCIPAL DISTRICT JUDGE AT NAGERCOIL

ORDER

CRP(MD) No.1264 of 2021 AND CMP(MD) No.7263 of 2021 Date :28/06/2023 SA/BUC/SAR. /14.07.2023/3P/2C 3/3