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Madras High CourtCMP(MD)/921/2023dismissed

R.Murugan, v. K.Sumathi,

2023-06-21Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty First day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN in SA(MD).No.674 of 2016

1. R.Murugan (Since Deceased) ..1st Petitioner/Respondent

2. M.Rajarajan 3.M.Balakrishnan

4. M.Bama .. Petitioners 2 to 4/ Proposed Respondent 2 to 4 Legal Representative of deceased Sole Respondent Vs 1 K.Sumathi ... Respondent/Appellant Prayer :- Civil Miscellaneous petition filed under Order 22 Rule IV of C.P.C to Bring on Record the Respondents 2 to 4 herein as legal representatives of the deceased sole Respondent and rank them as Respondents 2 to 4 in the above Second Appeal in SA (MD).No.674 of 2016.

ORDER:- This Civil Miscellaneous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the 1/3

arguments of Mr.M.Pandiarajan, Advocate for the Petitioners, this Court made the following order:

This Civil Miscellaneous Petition has been filed to bring on record the respondents 2 to 4 herein as legal representatives of the deceased sole respondent and rank them as respondents 2 to 4 in S.A(MD).No.674 of 2016.

2. The sole respondent died. However, the appellant has not taken any steps to implead the legal heirs of the deceased sole respondent. However, the legal heirs of the respondent instead of filing a memo before the Registry showing them as legal representatives, have filed the present petition. First, the legal heirs of the respondent should have given their address to the appellant and in case the appellant has not taken any steps, they can approach this Court. Without giving any particulars and filing a memo before the Registry, the legal representatives of the respondent has straight away filed the present petition.

3. Accordingly, this Civil Miscellaneous Petition is dismissed. Sd/- Assistant Registrar ( ) // True Copy // /08/2023 Sub Assistant Registrar(CS) ssb 2/3

TO 1.The Principal District Judge, Dindigul.

2.The Additional Subordinate Judge, Dindigul. Copy To The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Hon`ble Mr.Justice P.VELMURUGAN ORDER DATED : 21/06/2023 ==========================

ORDER

========================== in SA(MD).No.674 of 2016 KSR/24.08.2023 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3