Gangayammal (Deceased) v. Thangammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2026

CORAM:

THE HONOURABLE MR. JUSTICE R. SAKTHIVEL ---- 1.Gangayammal (Died) 2.Mani (Died) 3.M.Chandra Wife of Mani No.29, Ramakrishna Paramahamsa Veethi Mettupalayam 4.Senthilkumar (Died) 5.Sivasakthi Son of Mani No.29, Ramakrishna Paramahamsa Veethi Mettupalayam

...Petitioners/Appellants

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6.Mageshwari Wife of Late.Senthilkumar 7.Minor Chitrabala Represented by his Mother/Near Friend Proposed 6th Appellant. 8.Minor Dharsan Represented by his Mother/Near Friend Proposed 6th Appellant. 6 to 8 Proposed Appellants are residing at No.29, Ramakrishna Paramahamsa Veethi Mettupalayam Gobichettipalayam, Erode District.

Proposed Appellants 6 to 8/ LR's of Deceased Senthilkumar

Versus

1.Thangammal Wife of Madheswaran 2.Madheswaran Son of Muthusamy 1st and 2nd Respondents residing at P.Mettupalayam Village 3.Sarojini @ Sarasu Wife of Muthusamy Gounder No.9, Saratha Mani Veethi P.Mettupalayam Village 2/5

4.Kasikodi @ Rajeswari Daughter of Gangayammal 25, Thiruvalluvar Veethi P.Mettupalayam Village 5.M.Mahendran Son of Muthusamy Gounder Matheswaran Veethi P.Mettupalayam Village 6.Jayammal Wife of Rajendran 12, Kamarajar Veethi P.Mettupalayam Village

...Respondents/Respondents

Prayer: Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the Proposed Appellants 6 to 8, namely, 6th Appellant - Mageswari, 7th Appellant - Minor Chitrabala and 8th Appellant - Minor Dharshan as the legal heirs/legal representatives of the deceased 4th Appellant-Senthilkumar and rank them as the Appellant Nos.6 to 8 in the Second Appeal.

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For Appellants :

Mr.C.Ramaraj For Mr.M.Guruprasad For RR1 and 2 :

Ms,Shalini For M/s.A.Sivaji ----

ORDER

Mr.C.Ramaraj, representing Mr.M.Guruprasad, Counsel on record for the Petitioners and Ms.Shalini, representing Mr.A.Sivaji, Counsel on record for the Respondent Nos.1 and 2 are before the Court.

2.Ms.Shalini, representing Mr.A.Sivaji, Counsel on record for the Respondent Nos.1 and 2 takes notice on behalf of the Respondent Nos.1 and 2 in the Civil Miscellaneous Petition.

3.This Court has perused the affidavit filed in support of this petition. 4.The 4th Appellant- Senthilkumar, passed away on September 16, 2021, leaving behind his wife viz., Mageshwari, and two minor children, viz., Chitrabala and Dharshan.

5.Reason stated in the affidavit is satisfied. Hence, this Court is inclined to allow this petition.

6.Accordingly, this Civil Miscellaneous Petition is allowed. 10-04-2026 Index: Yes/No Speaking/Non-speaking order MSM Note: Registry is directed to carry out necessary amendment in the grounds of appeal.

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R. SAKTHIVEL, J., MSM 10.04.2026 5/5