Madras High CourtCMP(MD)/11696/2018allowed

N.P.V.Ramamurthy (Died) v. Yokalaya Mithra Sangham

2018-12-06Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.11696 of 2018 IN SA No.1081 of 2002 N.P.V.RAMAMURTHY (DIED) 1 N.R.NARPAVI 2.N.R.BALACHANDRAN, 3 N.R.VIJAYALAKSHMI ... PETITIONERS/LEGAL HEIRS OF DECEASED APPELLANT Vs 1.YOKALAYA MITHRA SANGHAM KUMBAKONAM TOWN & MUNSIFI, REP. BY ITS PRESIDENT, A.SHANMUGHAM, AC126, SHANTHI COLONY, ANNA NAGAR, CHENNAI-40 2.MASTER C.V.V.YOGA TRUST REP.BY ITS TRUSTEE, A.SHANMUGAM, AC126, SHANTHI COLONY, ANNA NAGAR, CHENNAI-40 ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order substitution of president and trustee in respect of respondents 1 and 2 respectively as detailed below substitute the following:

1.YOGALAYA MITHRA SANGHAM KUMBAKONAM TOWN & MUNSIFI, REP. BY ITS PRESIDENT, C.S.JAIKUMAR, AC126, SHANTHI COLONY, ANNA NAGAR, CHENNAI-40 2.MASTER C.V.V.YOGA TRUST REP.BY ITS TRUSTEE,C.S.JAIKUMAR, AC126, SHANTHI COLONY, ANNA NAGAR, CHENNAI-40 https://hcservices.ecourts.gov.in/hcservices/

Prayer in SA No.1081 of 2002:- To set aside the decree and judgment of the Additional Subordinate Judge, kumbakonam passed in A.S.No.93/2000 dated 20.12.2001 reversing the decree and judgment of the principal District Munsif, Kumbakonam passed in O.S.No.408 of 1995 dated 25.04.2000.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.M.R.S.PRABHU, Advocate for the petitioner and of MR.K.SUKUMARAN FOR R2, the court made the following order:- Heard both sides.

The learned counsel appearing for the respondents has no objection for allowing this petition.

Being satisfied with the reasons stated in the affidavit filed in support of this petition and in the interest of Justice, this petition is allowed.

sd/- 06/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL DISTRICT MUNSIF, KUMBAKONAM.

2.THE ADDITIONAL SUBORDINATE JUDGE, KUMBAKONAM

ORDER

IN CMP(MD) No.11696 of 2018 IN SA No.1081 of 2002 Date :06/12/2018 ls AE/VR MMS/SAR3/19.12.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/