L.Logeshwari v. Velu And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA in TOS No.29 of 2025

1. L.Logeshwari S/o.K.Loganathan, No.20, 3rd Street, Venkateswarapuram, New Colony, Kannigapuram, Chennai - 600 012.

Applicant(s) Vs

1. Velu and another S/o.K.Loganathan, No.20, 3rd Street, Venkateswarapuram, New Colony, Kannigapuram, Chennai - 600 012 2.L.Sakthi alias Sathyanathan S/o.K.Loganathan, No.20, 3rd Venkataswarapuram, New Colony, Kannigapuram, Chennai - 600 012.

Respondent(s) PRAYER: Application is filed to implead the Applicant herein as the 2nd Defendant in the above T.O.S.No.29 of 2025.

For Applicant(s):

M/s.D. Ravichander For Respondent:

Mr.K.Kanniappan

ORDER

This application has been filed to implead the applicant as party to the proceedings in the above suit.

2. In fact the very same applicant has already filed an application to implead herself as party to the Original Petition even before it got converted into Testamentary Original Suit and this Court vide order dated 11.12.2024 in A.No.4611 of 2024 in O.P.No.115 of 2023, allowed the application. The respondent / plaintiff has filed his counter. The plaintiff who was the petitioner in the Original Petition has raised the very same objections when the application in A.No.4611/2024 was filed.

3. The learned counsel for the applicant submitted that consequent to her impleadment in the Original Petition, the applicant has filed her caveat but unfortunately while converting the Original Petition to Testamentary Original Suit, the caveat filed by her went unnoticed.

4. As the applicant has filed caveat for getting herself to be impleaded as a party to the Original Petition, she ought to have been shown as defendant in the above suit, but it was omitted to do so. Now, it has to be rectified by allowing the application to implead the applicant as one of the defendant in the above suit. As her entitlement to be impleaded as party has already been contested, the same reason is applicable to the present application also.

5. In view of the above stated reasons, this application is allowed. 12-01-2026 bkn

R.N.MANJULA J.

bkn In TOS No.29 of 2025 12-01-2026