Madras High CourtCMP(MD)/5793/2022ordered

Sankarammal, v. Nisli Motha,

2024-06-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR C.M.P.(MD).No.5793 of 2022 in S.A(MD) No.78 of 2020 1 SANKARAMMAL, 2 KRISHNAMMAL, 3 LAKSHMI, ... PETITIONERS/APPELLANTS Vs 1 NISLI MOTHA, 2 MICHEAL MOTHA, 3 KAASI (DIED) 4 SUDALIMUTHU, 5 AYYAMMAL, 6 THANGAKANI, 7 PERIYARAASI, 8 RAASI, 9 NIRMALA, 1/4

10 POORANAM, 11 PETCHIAMMAL, 12 MINOR. MUTHULAKSHMI, 13 MINOR. ANITHA, 14 MINOR. ULAGANATHAN, (THE MINOR 12th, 13th TO 14th RESPONDENT ARE THROUGH THEIR MOTHER AND NATURAL GUARDIAN OF 11th RESPONDENT) ... 1 TO 14 RESPONDENTS/1 TO 14 RESPONDENTS 15 PATCHI RAJAN, 16 MARIAMMAL, 17 PONNAMMAL, 18 SADAIYA GOPAL, 19 MURUGESAN, 20 KUTTIYAMAL, 21 PARVATHI, ... 15 TO 21 RESPONDENTS/ PROPOSED 15 TO 21 RESPONDENTS/ LEGAL HEIRS OF DECEASED 3rd RESPONDENT Civil Miscellaneous 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 bring on record the 15 to 21 respondents herein as the legal representative of the deceased 3rd respondent and rank them as 15 to 21 respondents in above S.A. (MD). No. 78 of 2020.

Prayer in SA(MD). 78/ 2020 :

To prefer this Memorandum of Grounds of Second Appel against the 2/4

Judgement and Decree passed in A.S.No.3/2009 on the file the IInd Additional District and Sessions Court, Thoothukudi dated 31.07.2019 reversing the judgement and decree passed in O.S.No.122/2006 on the file of the District Munsif Court, Srivaikundam dated 15.04.2008.

ORDER : This Civil Miscellaneous 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.N.GA. NATRAJ, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- The Civil Miscellaneous Petition has been filed seeking orders to bring on record the respondents 15 to 21 as legal representatives of the deceased third respondent and rank them as respondents 15 to 21 in S.A(MD) No.78 of 2020. 2.Heard the learned counsel on either side and also perused the records.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition is allowed and the Registry is directed to carry out necessary amendments and directed to take steps to appoint legal aid counsel for minor respondents 12 to 14.

4. Post the matter on 03.07.2024, steps for the deceased sixth respondent by then.

sd/- 19/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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DAS TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.

2 THE DISTRICT MUNSIF, SRIVAIKUNDAM.

COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN C.M.P.(MD).No.5793 of 2022 in S.A(MD) No.78 of 2020 Date :19/06/2024 SA/GS/SAR. /01.07.2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4