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2025 DAILYLAW 45485 (MAD)

W.T.Ashok Kumar v. S.Pushpa alias Pushpa Valli (Deceased) and another

A/2047/2025 · 2025-04-25

C Saravanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.04.2025 Coram: The Honourable Mr.Justice C.SARAVANAN Application No.2047 of 2025 in T.O.S.No.9 of 2022 Mr.W.T.Ashok Kumar ...Applicant Versus 1.Mrs.S.Pushpa alias Pushpavalli (Deceased) 2.Mr.M.S.Seshadri ...Respondents Application filed under Order XIV Rule 8 of the O.S.Rules, 1956 r/w. Order VI Rule 17 of C.P.C. praying to amend the cause title in T.O.S.No.9 of 2022 as follows: “Mrs.S.Pushpa alias Pushpavalli (Deceased) W/o. Mr.M.R.Srinivasan & D/o. Late Mr.Srinivasan and Late Mrs.Sounderammal, New No.12, Old No.41, Parankusapuram Street, Rangarajapuram, Chennai – 600 024.” by substituting the above in the Original Petition/TOS pending on the file of this Court. For Applicant : Mr.S.Lavanya for Mr.Lakshmi Vijayakumar For Respondents : Ms.V.Charishma for Mr.V.Srimathi 1/4 https://www.mhc.tn.gov.in/judis ORDER This Application has been filed by the Applicant/Plaintiff seeking to to amend the cause title in T.O.S.No.9 of 2022 as follows: “Mrs.S.Pushpa alias Pushpavalli (Deceased) W/o. Mr.M.R.Srinivasan & D/o. Late Mr.Srinivasan and Late Mrs.Sounderammal, New No.12, Old No.41, Parankusapuram Street, Rangarajapuram, Chennai – 600 024.” by substituting the above in T.O.S.No.9 of 2022 pending on the file of this Court. 2. The learned counsel for the Respondents/Defendants submitted that she has no serious objection to this Application being allowed. Further, the learned counsel drew the attention of this Court to the Memo dated 27.02.2025 filed by the 2nd Respondent/2nd Defendant, wherein, it has been stated that the suit was posted for trial before the Additional Master – I for cross examination of 2nd Respondent/2nd Defendant. It has also been stated that the 1st Respondent/1st Defendant died on 09.01.2025 leaving behind her son i.e., 2nd Respondent/2nd Defendant. 2/4 https://www.mhc.tn.gov.in/judis 3. Considering the no objection expressed by the learned counsel for the Respondents and the Memo dated 27.02.2025 filed by the 2nd Respondent/2nd Defendant, this Court is inclined to allow this Application. Accordingly, this Application is ordered as prayed for. 4. The learned counsel for the Applicant/Plaintiff is directed to carry out necessary amendment in the cause title of T.O.S.No.9 of 2022 and file a clean copy of the amended plaint. 25.04.2025 mrr Index : Yes/No 3/4 https://www.mhc.tn.gov.in/judis C.SARAVANAN, J. mrr Application No.2047 of 2025 in T.O.S.No.9 of 2022 25.04.2025 4/4 https://www.mhc.tn.gov.in/judis