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Madras High CourtCMP(MD)/5754/2018allowed

Gnanapackiam v. Cicily (Died)

2023-06-20Honourable Mr Justice P.Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twentieth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN SA(MD) No.107 of 2012 GNANAPACKIAM ... PETITIONER/APPELLANT Vs CICILY (DIED) 1.MARK REETHAMMAL DEVADASAN (DIED) 2 SUKARA BEEVI 3 RETNAMANI 4 ANNAMMAL 5 AHAMED 6 HAMMED (DIED) 7 ABDUL SALAM 8 ABDUL REHMAN 9 IBRAHIM 10 ISMAIL 11 KATHIJA BEEVI 12 FATHIMA BEEVI 13 ABUBUCKER 14 AYISHA BEEVI 15 LIZZY PRABULA 1/3

16 GLADSON ROBIN 17 GLASTI SELINABAI 18 THANKAM 19 D.LAWRENCE 20 SELVARAJ 21 ALPHONSE 22 FRANCIS 23 LUCOSE 24 SWAMIDHAS 25 RECENT MARY ...RESPONDENTS/RESPONDENTS 26 ALIMA 27 AMIS MOHAMED 28 SAMEED MOHAMED ...LRS OF 6TH RESPONDENT/ PROPOSED RESPONDENTS 26 TO 28 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to bring on records the proposed Respondents 26 to 28 who are the Legal Representatives of deceased 6th Respondent, Hameed as Respondents 26 to 28 in the above Second Appeal and thus render justice.

PRAYER IN SA(MD) No.107 of 2012:

To set aside the Judgment and Decree passed in A.S.No.129 of 2004 dted 30.10.2010 on the file of the District Judge, Kanyakumari at Nagercoil confirming the Judgment and Decree passed in O.S.No.83 of 1999 dated 01.12.2003 on the file of the Subordinate Judge, Padmanabhapuram, allow the Second Appeal.

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.K.SREEKUMARAN NAIR, Advocate for the petitioner, the court made the following order:- This application is filed to bring on records the proposed respondents 26 to 28 herein as the legal representatives of the deceased 6th respondent in the second appeal. 2/3

2. Notice sent to the respondents were served and they appeared through counsel and they have no objection regarding the relationship of the legal representatives.

3. In view of the above, this petition is ordered as prayed for. The learned counsel for the appellant is directed to carry out the necessary amendment in the memorandum of grounds of appeal and also file a fresh amended copy of the memorandum of grounds of appeal within 10 days.

sd/- 20/06/2023 / TRUE COPY / 2806/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO 1.THE DISTRICT JUDGE, KANYAKUMARI AT NAGERCOIL. 2.THE SUBORDINATE JUDGE, PADMANABHAPURAM.

ORDER

IN IN SA(MD) No.107 of 2012 Date :20/06/2023 RK/CG/SAR- (28/06/2023) 3P/3C 3/3