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Madras High CourtA/3260/2025allowed

Pradeep Thulasidas And 4 Others v. A.Kannabiran

2026-02-04Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL in OP No.790 of 2024

1. Pradeep Thulasidas

2. M.V.Priya

3. Valsala Bai

4. Bhavana Pai

5. Pradhanya Pai (Minor) 4th and 5th applicants are minor Rep. by 2nd Petitioner Mother and Natural Guardian D/o.T.Prakash, All residing at No.248, Poompuhar Nagar, 1st Cross Street, Kolathur, Chennai 600 099.

Applicant(s) Vs

1. A.Kannabiran K.Sulochana (Deceased) Respondent(s) PRAYER: This application has been filed under Order XIV Rule 8 of Original Side Rules and r/w 151 CPC r/w Order 1 Rule 10 CPC, to implead the applicants as Proposed Respondents 2 to 6 in O.P.No.790 of 2024 on the file of this Court.

For Applicant(s):

M/s.S.Parthasarathy For Respondent:

Mr.S.Gopinathan

ORDER

This application has been filed by the applicants seeking to implead themselves as proposed respondents 2 to 6 in O.P.No.790 of 2024.

2. According to the applicants, the first respondent has filed a original petition for grant of Letters of Administration in respect of the Will executed by one Mrs.K.Pushpalatha, dated 26.04.2017. In fact, the said K.Pushpalatha, who is the daughter of one K.Sulochana, had sold the property to the applicants through a registered sale deed, dated 12.12.2019. While so, the first respondent has filed the original petition in O.P.No.790 of 2024, without impleading the applicants as parties. Hence, the present application.

3. According to the respondents, the applicants are the 3rd parties and are in no way connected with the said Will, and their presence is not required to adjudicate the Will executed by the Testator, namely K.Pushpalatha. Therefore, the respondent has strongly objected to allow this application.

4. Heard both sides and perused the material records of the case.

5. There is no dispute that the property originally belonged to the said

K.Sulochana. The original petition is filed by the husband of the said K.Pushpalatha, claiming that he is the beneficiary under the Will executed on 26.04.2017. According to the applicants, they have purchased the property by way of a registered sale deed, dated 12.12.2019 from the said K.Sulochana. It is pertinent to note that even prior to the filing the original petition, the property had already been sold to the applicants. Therefore, the applicants are proper and necessary parties and their presence is required for effective adjudication of the petition.

6. In view thereof, this application is allowed and the necessary amendment are to be carried out.

7. Post this matter on 11.02.2026.

04-02-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes

P.DHANABAL J.

jd in OP No.790 of 2024 04-02-2026