Allowed

T.Sadasivam(Deceased Sole APPELLANT)1.S.GOWRI v. Pappammal (DECEASED)1.MARIAMMAL

Madras HC25 Sept 2024CMP/18249/2024

Case brief

AI extract

What is this about?

Petitions to bring on record the legal heirs of a deceased fourth appellant as respondents in a pending appeal. The mother-respondent did not appear despite notice and declined guardianship of the minor heirs. Petitions were allowed and a Court guardian was appointed for the two minors with fixed remuneration.

What the court decided

AI extract

T.Sadasivam(Deceased Sole APPELLANT)1.S.GOWRI Vs… — Succession and Inheritance | Madras HC (2024)

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C.M.P.Nos.18249 & 18287 of 2024

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C.M.P.Nos. 18249 & 18287 of 2024 in S.A.N.837 of 2021

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R.SAKTHIVEL, J.

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Petitioners filed C.M.P.No.18287 of 2024 praying to bring on record the respondent No.6 to 8 as respondents in the main appeal. The second appellant filed affidavit in support of the petition. It is stated that, 4^th appellant herein namely S.Nagarajan passed away on 15.01.2024 leaving behind his wife N.Deepika, his son N.Abijay, his daughter N.Sasmitha Shree and mother S.Gowri as legal heirs. The deceased S.Nagarajan's mother S.Gowri is already on record in the appeal and to that effect, a memo was filed and the same was recorded on 25.07.2024. Further it is stated that the proposed legal heirs of the 4^th appellant are not willing to come on record as appellants in the appeal. Hence, this petition is filed to bring on record the Legal heirs/ Legal representatives of deceased S.Nagarajan (Respondents 6 to 8 herein) as respondents 6 to 8 in the main appeal.

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In these C.M.Ps, this Court ordered notice on 28.08.2024 to the respondents 6 to 8. The 6^th respondent received the notice. Service of notice is sufficient. Despite sufficient notice, she did not choose to appear and contest the petition. Further she did not choose to act as guardian for her minor son and daughter namely Minor N.Abijay (aged 12) and Minor N.Sasmitha Shree ( age 9)

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https://www.mhc.tn.gov.in/judis 1/3

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C.M.P.Nos.18249 & 18287 of 2024

respectively.

R.SAKTHIVEL, J.

sma

Considering the nature of the petitions, this Court is inclined to allow these petitions. Accordingly, these petitions are allowed. Mr.S.Shirsh [En.No.5929 /2021; Ph.No.9284465099; Address: #5/1, Shree Evara, 3^rd Street, Karpagam Avenue ( Behind India Cements), R.A Puram, Chennai -28] is appointed as Court guardian for the Minor Respondents No.7 & 8. His remuneration is fixed at Rs.3000/- ( Rupees Three Thousand Only). Petitioner is directed to pay the remuneration directly to Court Guardian on or before 14.10.2024. After making payment, petitioner shall file memo to that effect in the Registry.

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Accordingly, C.M.Nos.18249 & 18287 of 2024 stands allowed.

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25.09.2024

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Sma

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C.M.P.Nos. 18249 & 18287 of 2024

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S.A.N.837 of 2021

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https://www.mhc.tn.gov.in/judis 2/3

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C.M.P.Nos.18249 & 18287 of 2024

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(½)

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https://www.mhc.tn.gov.in/judis 3/3

T.Sadasivam(Deceased Sole APPELLANT)1.S.GOWRI v. Pappammal (DECEASED)1.MARIAMMAL

Case brief

What is this about?

What the court decided

T.Sadasivam(Deceased Sole APPELLANT)1.S.GOWRI v. Pappammal (DECEASED)1.MARIAMMAL

Case brief

What is this about?

What the court decided

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