R. Balachandran v. Govindasamy Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2026 CORAM :

THE HON'BLE MR. JUSTICE R.SAKTHIVEL C.M.P.No.13111 of 2021 in S.A.No.1270 of 2006 1.R.Balachandran 2.R.Easwaramoorthi ... Petitioners/Appellants -vs1.Govindasamy Gounder (Died) 2.State of Tamil Nadu, Rep.by District Collector, Coimbatore.

3.The Tahsildar, Tirupur.

4.Nachammal

...Respondents 1 to 4 /Respondents

5.G.Saraswati 6.Vanitha Devi 7.Sakthi Kumaresh 8.Savitha Rani 9.Kavita Kumaresh 10.Sathish ... Respondents 5 to 10 / L.R.s of the Deceased 1st Respondent Prayer:- Civil Miscellaneous Petition filed under Order XXII Rule 4(1) of Code of Civil Procedure, 1908, praying to bring the LR's of deceased 1st Respondent namely Govindasamy gounder i.e., the respondents 5 to 10 herein as Respondents 5 to 10 in the above Second Appeal. For Petitioners :

Ms.B.Madhura For Dr.S.S.Swaminathan ********* 1/4

O R D E R

Ms.B.Madhura, representing Dr.S.S.Swaminathan, Counsel on record for the Petitioners, is before this Court.

2. Representing Counsel for the Petitioners submit that Respondent No.7 who is one of the legal heirs of the deceased first Respondent has passed away. She further submits that, this petition is dismissed against Respondent No.7 by an order of this Court dated January 12, 2024. Therefore, the interest of the first Respondent shall be represented by Respondent Nos.5,6,8,9 and 10.

3. Notice sent to Respondent Nos.5,6,8,9 and 10 was served. Thereafter, their names were printed in the cause list. Hence, service is held sufficient for Respondent Nos.5,6,8,9 and 10. Despite service, Respondent Nos.5,6,8,9 and 10 have chosen not to contest this Civil Miscellaneous Petition.

4. This Court has perused the affidavit filed in support of the petition. Being satisfied with the reasons stated therein, this Court is inclined to allow this Civil Miscellaneous petition.

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5. Accordingly, this Civil Miscellaneous Petition is allowed.

6. The Registry is directed to carry out the necessary amendment in the Memorandum of Grounds of Appeal.

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R.SAKTHIVEL, J.

nvi C.M.P.No.13111 of 2021 in S.A.No.1270 of 2006 27.03.2026 4/4