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2025 DAILYLAW 105136 (MAD)

N. Veerasamy v. M. Poovathal @ Poongodi

CMP/4049/2025 · 2025-08-14

R Sakthivel

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2025 CORAM THE HONOURABLE MR.JUSTICE R.SAKTHIVEL CMP. No. 4049 of 2025 IN AS.No. 453 of 2018 1. N. Veerasamy N.Nachimuthu (died) 2. Jothimani 3. Sanjay 4. Deeraj ..Petitioners Vs M.Poovathal @ Poongodi ... Respondent Prayer: This Civil Miscellaneous Petition is filed under Order XXII Rule 3 of CPC to bring on record of the petitioners 2, 3 & 4 herein as appellants 2, 3 & 4 in the appeal suit in AS.No.453 of 2018. For Petitioners:Mr.Karthikeyan for Mr. S.B.Viswanathan ORDER The first appellant Veerasamy filed an affidavit in support of his contention stating that the second appellant Nachimuthu passed away leaving behind Jothimani, Sanjay and Deeraj as his legal heirs/legal 1/4 https://www.mhc.tn.gov.in/judis representatives. Hence, the first appellant has to bring on record the petitioners 2 , 3 and 4 as appellants 2, 3 and 4 in the appeal. This petition was filed on 27.11.2024. 2. When the petition came before this Court on 28.04.2025, this Court ordered notice to the respondents, returnable by 09.06.2025. But the matter was not listed before this Court on 09.06.2025 and was listed on 15.07.2025. On 15.07.2025, this Court ordered notice to the respondents 2 to 4. But infact the petitioner filed the petition to implead Jothimani, Sanjay and Deeraj as the appellants 2 to 4 in the Appeal. 3. Learned Counsel for the petitioners submitted that he has not filed vakalat for the 4th petitioner-Deeraj. 4. In view of the same, he is going to file vakalat for the 4th petitioner-Deeraj and to avoid confusion, learned Counsel appearing for the petitioners intends to not press the petition. To that effect, he has made an endorsement in the case file. 2/4 https://www.mhc.tn.gov.in/judis 5. Scanned reproduction of the endorsement is extracted herein below: 6. In view of the endorsement, this CMP.No.4049 of 2025 is dismissed as not pressed. 7. This Court recalled the orders dated 15.07.2025 and 28.04.2025 3/4 https://www.mhc.tn.gov.in/judis R.SAKTHIVEL.,J gv 8. Liberty is granted to the petitioner to file fresh applications after getting vakalat from all the legal heirs/legal representatives of the deceased Nachimuthu. 14-08-2025 To 1. M. Poovathal @ Poongodi W/o. Manickam, D/o. Late. Narayanan @ Narayanasamy, D.No.434/22, Water Tank St, Senthil Nagar, Somanur, Sulur Taluk, Coimbatore Dt. CMP. No. 4049 of 2025 IN AS.No. 453 of 2018 4/4 https://www.mhc.tn.gov.in/judis