Madras High Court
D. Padmanabhan vs Jayanthi on 11 August, 2022
O.S.A.No.218 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MR. JUSTICE SUNDER MOHAN,
O.S.A.No.218 of 2022
1. D. Padmanabhan
2. Devika Natarajan
3. N. Gunasekar .. Appellants
v.
1. Jayanthi
2. Revathi J
3. Ramaa Devi D ... Respondents
Original Side Appeal filed under Order XXXVI Rule 1 of Original Side,
Rules read with Clause 15 of Letter Patent Appeal to set aside the order
and decreetal order dated 19.04.2022 in A.No.1691 of 2022 in O.P.
No.256 of 2021.
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O.S.A.No.218 of 2022
For Appellants : Mr. SR.Mounaswamynathan
For Respondents : Mr. C.Ramachandran
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the order dated 19.04.2022 passed by the learned
Single Judge in A.No.1691 of 2022 in O.P. No.256 of 2021, the
petitioners in the application have filed the above Original Side Appeal.
2. The appellants took out an application in A.No.1691 of 2022
to grant permission to the 1st appellant to execute the bond for himself and
also on behalf of the appellants 2 and 3 pending disposal of the Original
Petition.
3. This Court granted Letters of Administration in favour of the
appellants by order dated 16.12.2021 on condition that the appellants
executing a security bond for a sum of Rs.25,000/- each in favour of the
Assistant Registrar (O.S.II), High Court, Madras. After passing of this
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O.S.A.No.218 of 2022
order, the appellants filed the above Application seeking permission to the
1st appellant to execute the bond on behalf of the appellants 2 and 3 also.
In the affidavit filed in support of the application, the appellants have
narrated the facts which led to the filing of the application.
4. Mr.SR.Mounaswamynathan, learned counsel appearing for the
appellants submitted that the 2nd appellant underwent surgery hence, she
could not execute the bond as directed by this Court. So far the 3rd
appellant is concerned, the learned counsel submitted that since the 3rd
appellant being the son of the 2nd appellant, he was looking after the 2nd
appellant, who was hospitalized during the relevant time. Hence, the 1st
appellant sought permission to execute the bond on behalf of appellants 2
and 3 also.
5. The learned Single Judge declined to grant permission after
25.04.2022 and ultimately, the Application as well as the Original Petition
were dismissed.
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O.S.A.No.218 of 2022
6. When the Original Side Appeal is taken up for hearing, learned
counsel appearing for the appellants submitted that now the appellants 2
and 3 are willing to execute the bond in favour of the Assistant Registrar
(O.S.II), High Court, Madras, as directed by this Court.
7. Mr. C.Ramachandran, learned counsel, taking notice for the
respondents submitted that he is filing vakalat today on behalf of the
respondents. On instructions, the learned counsel submitted that the
respondents have no objection for allowing the Original Side Appeal and
restoring the Original Petition in O.P. No.256 of 2021.
8. Since the appellants 2 and 3 agreed to execute the bond as
directed by this Court, in the interest of justice, the order passed by the
learned Single Judge in Application No.1691 of 2022 in O.P. No.256 of
2021 has to be set aside. Accordingly, the same is set aside. The order
passed in O.P. No.256 of 2021, dated 16.12.2021, is restored. The
appellants 2 and 3 are granted four weeks time to execute the bond as
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O.S.A.No.218 of 2022
directed in O.P. No.256 of 2021. If the appellants fail to execute the
bond within the stipulated time, the impugned order of the learned Single
Judge will stand automatically revived.
With the above observations, the Original Side Appeal is allowed.
No costs.
[M.D., J.] [S.M., J.]
11.08.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
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O.S.A.No.218 of 2022
M. DURAISWAMY, J.
and
SUNDER MOHAN, J
Rj
O.S.A.No.218 of 2022
11.08.2022
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