Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 55738 (MAD)

Ankita v. Amit Kumar and Another

A/1080/2026 · 2026-07-17

A D Maria Clete

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A No. 1080 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 1080 of 2026 in TOS.No.92 of 2024 Ankita D/o.Late M.Brij Bhushan, W/o.Mr.Abhijeet Bagri, N.No.26, Old No.12, Lotus Ramasamy Street, Royapuram, Chennai - 600 013. ..Applicant(s) Vs 1. Amit Kumar 2. Bharat Bushan ..Respondent(s) Prayer:- To amend the 2nd Defendant Name from Mr.Bharat Bushan, S/o.Late Brij Bhushan to Mr.Bharat Bhushan S/o.Shri Suraj Prakash, in the cause title of the main Petition filed in T.O.S.No.92 of 2024. For Applicant(s): M/S.Swaraj Associates For Plaintiff For Respondent(s): Mr.Vijay R.Sekar for R2 No appearance for R1 ORDER This application has been filed by the plaintiff seeking amendment of the description of the second defendant in the cause title from “Mr.Bharat Bushan, S/o.Late. Brij Bhushan” to “Mr.Bharat Bhushan, S/o.Shri Suraj Prakash.” https://www.mhc.tn.gov.in/judis A No. 1080 of 2026 __________ Page2 of 4 2.Learned counsel for the second respondent has filed a counter objecting the allowing of this application stating that the respondent presently continues to enjoy full locus and entitlement to contest the present testamentary proceedings as the biological son of Late Sh.Brij Bhushan and his status has been recognised in connected Delhi proceedings and therefore, he cannot seek to prejudice his right of contest by altering his parentage in the cause-title. It is further stated that mere mention of Sh.Suraj Prakash in some collateral records does not establish adoption and relied on the Judgments of the Hon’ble Supreme Court in M.Vanja v. M.Sarala Devi reported in (2020) 5 SCC 307 and in Ghisalal v. Dhapubai reported in (2011) 2 SCC 298 and thus submitted that this application is an attempt to derail the trial and deserves dismissal with exemplary costs. There is no appearance for R1. 3. However, the learned counsel for the applicant submitted that the applicant has produced the Class X certificate of the second defendant, wherein his name is shown as “Bharat Bhushan Arora” and his father’s name is shown as “Shri Suraj Prakash Arora”. An affidavit filed by the second defendant before the Delhi High Court has also been produced in which he has described himself as the son of Shri Suraj Prakash. https://www.mhc.tn.gov.in/judis A No. 1080 of 2026 __________ Page3 of 4 4. In view of the submissions and upon considering the affidavit filed in support of this application and the documents filed, this application is allowed. No costs. The plaintiff is permitted to amend the name and description of the second defendant in the cause title as:“Mr.Bharat Bhushan, S/o.Shri Suraj Prakash”. 17-07-2026 Index: Yes/No DPQ/AY https://www.mhc.tn.gov.in/judis A No. 1080 of 2026 __________ Page4 of 4 DR.A.D.MARIA CLETE, J. DPQ A No. 1080 of 2026 in TOS.No.92 of 2024 17.07.2026 https://www.mhc.tn.gov.in/judis