Madras High CourtCMP(MD)/12205/2023allowed

M.Alagar, v. S.Bala Nagammal (Died) 1. L.Baby Chandra,

2023-10-12Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twelfth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L. VICTORIA GOWRI CMP(MD). No.12205 of 2023 in AS(MD).6 of 2014

1. M.Alagar .. 1st Petitioner/1st Appellant M.Mangammal (died) .. ..... /2nd Appellant .. Vs..

S.Bala Nagammal (Died)

1. L. Baby Chandra 2 M.Akilandam 3 M.Vijayalakshmi 4 Pandian @ Pandiyarajan 5 Vinoth @ Vinothkumar 6 Rajeswari 7 Priya, 8 S.Santhadevi 9 Subbaiah @ Mani 10 Rajendran 11 Chandrasekaran 12 Kathiravan .. Respondents/Respondents Prayer :- Civil Miscellaneous Petition filed under Order 41 Rule 27 of CPC to receive the registered Will dated 06-01-2012 as additional document and to mark the same as Ex-B91 on the side of the 1st Appellant herein.

ORDER:- This Civil Miscellaneous Petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Thirunavukkarasu, Advocate for the Petitioner and of Mr.S.Kumar, Advocate for Respondent No.2, Mr.D.Deepak Arasu, Advocate for Respondent No.3, Mr.K.Muraleedharan Advocate for Respondent No.4, Mr.R.Lakshmanan, Advocate for Respondent No.5 to 8, Mr.M.Kannan, Advocate for Respondents No.10 to 12, Respondent No.1- died, no appearance for Respondent for No.9 either in person or through counsel, this Court made the following order: This petition is filed to receive the registered Will dated 06.01.2012 as additional document and to mark the same as Ex-B91 on the side of the 1st appellant.

2. Heard both sides.

3. The respondents have not filed any counter in this C.M.P.

4. Being satisfied with the reasons stated in the accompanying affidavit, this petition is allowed.

5. Post the main case on 08.11.2023.

Sd/- Assistant Registrar(CS III) // True Copy // /06/2024 Sub Assistant Registrar (CS- I/ II / III / IV) TO

1. The VI Additional District Judge, Madurai.

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court.

(for marking the document)

Copy To The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 12/10/2023 ==========================

ORDER

========================== CMP(MD). No.12205 of 2023 in AS(MD).6 of 2014 Giving direction and etc.

as stated within.

MGJ(05.06.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023