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Madras High CourtCMP/3251/2023allowed

D.Gajendran v. A.Duraisamy

2026-06-12Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL IN SA NO. 1040 OF 2005 D.Gajendran .. Petitioner/3rd Appellant Vs.

1. A.Duraisamy (Died)

2. Parvathy (died)

3. D.Ravi(died)

4. R.Geetha

5. Sumathi

6. Rahul

7. Minor. Nithish Kumar .. Respondents 1 to 7/ Respondents 1, 2, 4 to 8

8. Shanmugama (died)

9. A.Rajagopal (Died) 10.Pappammal (died) 11.Subbammal 12.Mannachiammal 13.Parvathy W/o.Late A.Damodaran 14.Minor Kavitha

15.Minor Jeevitha 16.Minor Udhaya Respondents 14 to 16 rep.by their mother 13th Respondent Parvathy 17.R.S.Kuppusamy 18.Valli @ Jayalakshmi .. Respondents 8 to 18/ Respondents 1 to 11 19.Durai 20.Deepa 21.Jayavel .. Respondents 19 to 21/ Proposed Respondents 12 to 14 22.B.Kuppusamy 23.B.Venugopal .. Respondents 22 & 23/ Proposed Respondents 15 & 16 Prayer: Civil Miscellaneous Petition filed under Order XXII Rule 4 read with Section 151 of the Code of Civil Procedure 1908, praying to bring on record the Respondent Nos.19 to 21 herein as legal heir(s)/legal representative(s) of the deceased 2nd Respondent viz., A.Rajagopal, in the Second Appeal.

For Petitioner : Mr.Y.Jyothish Chander

ORDER

Mr.Y.Jyothish Chander, Counsel on record for the petitioner/ 3rd appellant is before this Court.

2.Service is sufficient for Respondents 19 to 21. 3.This Court has perused the affidavit filed in support of this petition. Being satisfied with the reasons stated therein, this Court is inclined to allow this petition.

4.Accordingly, this Civil Miscellaneous Petition is allowed. No costs. 12-06-2026 KKD Note : Registry is directed to carry out necessary amendments in the Memorandum of grounds of Appeal.

R.SAKTHIVEL, J.

KKD IN SA NO. 1040 OF 2005 (4/7) 12-06-2026