Mr.Sudhir And 3 Others v. Nagaraj A.Kathare And 7 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.10.2025 Coram:

THE HONOURABLE MR.JUSTICE P.DHANABAL Application Nos.4609 and 4610 of 2025 in O.P.No.607 of 2022 ---

1. Mr.Sudhir

2. Mr.Gajanand

3. Mrs.Sridevi .. Applicants in A.No.4609 of 2025 (Proposed legal heirs of Late A.Premila deceased 5th petitioner)

1. Mr.Shivaji H.Meharwade

2. Mr.Aravind

3. Mrs.Sanjeevini Chavan .. Applicants in A.No.4610 of 2025 (Proposed legal heirs of Late A.Kasturi Bai deceased 3rd petitioner Vs.

1. Mr.Nagaraj A.Kathare

2. Mrs.A.Saroja Mrs.A.Kasturi (died)

3. Mrs.A.Mala Mrs.A.Premila (died)

4. Mr.A.Raaveendra A.Kathare

5. Mrs.A.Lalitha

6. Mrs.A.Ramadevi

7. Mr.Arjun Pawar

8. Mr.Raghav Pawar .. Respondents/petitioners in both the applications 1 / 4

Judge's summons in A.No.4609 of 2022, issued under Order XIV Rule 8 of the Original Rules of this Court, read with Section 151 CPC read with Order 22 Rule 3 of CPC, praying to bring on the applicants/proposed parties 1 to 4, viz., Mr.Sudhir, Mr.Gajanand, Mrs.Sridevi and Mrs.Preethi, all residing at No.60, Balaji Layout, Vajarahalli, Thalaghatapura, Bangalaore 560 062 as the legal representatives of the deceased 3rd petitioner Mrs.A.Kasthuri and they may be ranked as 11 to 14 petitioners in the above O.P. Judge's summons in A.No.4610 of 2022, issued under Order XIV Rule 8 of the Original Rules of this Court, read with Section 151 CPC read with Order 22 Rule 3 of CPC, praying to bring on record the applicants/proposed parties 1 to 3, viz., Mr.Shivaji H.Meharwade, Mr.Aravind and Mrs.

Sanjeevini Chavan, all residing at Shubhas Chouka, Near Ambabhavani Temple, Ranebennur District, Haveri, as the legal representatives of the deceased 5th petitioner Mrs.Premila and they may be ranked as 15 to 17 petitioners in the above O.P. For applicants in both the applications: Mr.N.Naghu Sah COMMON ORDER These petitions are filed for bringing on record the applicants/proposed parties as the legal representatives of the deceased third petitioner and deceased fifth petitioner, respectively.

2. According to the petitioners, the third petitioner, namely A.Kasturi in A.No.4609 of 2025 in O.P.No.607 of 2022 and the fifth petitioner, namely 2 / 4

A.Premila in A.No.4610 of 2025 in O.P.No.607 of 2022, along with the other petitioners, have filed the main Original Petition for grant of Succession Certificate and during the pendency of the main Original Petition, the third petitioner and fifth petitioner, respectively, had died and the proposed petitioners are the legal heirs of the deceased Kasthuri and Premila, and therefore, they have to be impleaded as parties to the main Original Petition.

3. There is no respondent in the main Original Petition.

4. Considering the reason stated in the applications that during the pendency of the main O.P., the third and fifth applicants have died and the proposed parties are the legal heirs of the deceased persons and the proposed parties are necessary to decide the case effectively and they are proper and necessary parties to the present proceedings.

5. Accordingly, both these impleading applications are allowed.

6. Necessary amendments shall be carried out by the parties in the main Original Petitions.

7. For filing the amended plaint copy, list on 13.11.2025 28.10.2025 cs 3 / 4

P.DHANABAL, J cs A.Nos.4609 and 4610 of 2022 in O.P.No.607 of 2022 28.10.2025 4 / 4