Madras High CourtCMP(MD)/9685/2022ordered

P.Lakshmanan v. Rm.Vellaichamy

2022-12-05Honourable Mr Justice B.Pugalendhi2 pages

CMP(MD) No.9685 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CMP(MD) No.9685 of 2022 IN CRP(MD) No.432 of 2020 1 P.LAKSHMANAN 2 S.ANNAMALAI 3 M.THANNEERMALAI 4 RAMANATHAN CHETTIAR ... PETITIONERS/PETITIONERS Vs 1 RM.VELLAICHAMY 2 M.RAMACHANDRAN (DIED) 3 THE STATE OF TAMIL NADU REPRESENTED BY THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT COLLECTORATE COMPLEX SIVAGANGAI.

4 THE DISTRICT REVENUE OFFICER, SIVAGANGAI DISTRICT, COLLECTORATE COMPLEX SIVAGANGAI.

... RESPONDENTS/RESPONDENTS 5 THEIVANAI 6 R.RAJENDRAN ... RESPONDENTS 5 & 6 /PROPOSED RESPONDENTS 5 & 6 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant leave to amend the cause title of the affidavit and petition in C.M.P.(MD).No.2819 of 2022 C.R.P.No.432 of 2021 by removing the name R.Rajendran who has been mentioned as 6th respondent an substitute the name R.Karupaiyah in the place of R.Rajendran as 6th respondent.

Prayer in CMP(MD). 2819/ 2022 :

To bring on record the respondents 5 and 6 herein as the legal representatives of the deceased 2nd Respondent Ramachandran and rank them as the respondents 5 and 6 in the above Civil Revision Petition C.R.P. (MD) No. 432 of 2020.

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CMP(MD) No.9685 of 2022 Prayer in CRP(MD).432/2020 :

To strike off the plaint in O.S.No.255 of 2019, on the file of Sub-Court, Devakottai.

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.S.RAMESH, Advocate for the petitioner, the court made the following order:- This petition is filed to amend the cause title of the affidavit and petition in CMP(MD)No.2819 of 2022 in CRP(MD)No.432 of 2021.

2.The learned counsel appearing for the petitioners submits that the 2nd respondent in the Civil Revision Petition died in the month of February 2021 and therefore, CMP(MD)No.2819 of 2022 has been filed to bring on record the legal heirs of the deceased 2nd respondent, namely, respondents 5 and 6. But, the name of the sixth respondent has wrongly been mentioned as R.Rajendran instead of R.Karuppiah. Therefore, this petition has been filed. 3.This Court, having been satisfied with the reasons stated by the learned counsel for the petitioners, is inclined to allow the petition with cost of Rs.500/- 4.Accordingly, this petition is allowed on condition that the petitioners shall pay a sum of Rs.500/- (Rupees five hundred only) to the Madurai Bench of Madras High Court Bar Association, within a period of one week from the date of receipt of a copy of this order. sd/- 05/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, DEVAKOTTAI.

COPY TO THE OFFICER INCHARGE, MADURAI BENCH OF MADRAS HIGH COURT BAR ASSOCIATION, MADURAI. ORDER IN CMP(MD) No.9685 of 2022 IN CRP(MD) No.432 of 2020 Date :05/12/2022 ogy RS/VR/SAR.4(19.12.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2