Allowed

Saroja Ammal v. Kasilinga Padayachi

Madras HC26 Apr 2023CMP/4730/2022

Case brief

AI extract

What is this about?

A single judge granted exemption to appellants from impleading the legal heirs of two deceased respondents who refused summons and remained absent in five substantive appeals, invoking Order 22 Rule 4(4) CPC.

What did the court decide?

Exempted petitioners from bringing legal heirs of Dhanalakshmi Ammal and Palaniswamy Padayachi on record and permitted the appeals to proceed without them.

Saroja Ammal Vs Kasilinga Padayachi — Property and Title | Madras HC (2023)

¶1

C.M.P.Nos.4730, 4734, 4701, 4707 & 4709 of 2022

¶2

C.M.P.Nos.4730, 4734, 4701, 4707 and 4709 of 2022 in S.A.Nos.1591, 1592, 1593, 1594 and 1595 of 1999

¶3

V.LAKSHMINARAYANAN, J.

¶4

C.M.P.No.4730 of 2022 has been filed to exempt the

¶5

petitioners/appellants from bringing on record the legal heirs of the

¶6

second respondent, Dhanalakshmi Ammal and the third respondent, Palaniswamy Padayachi in S.A.No.1591 of 1999 and permit the petitioners/appellants to proceed the case without their legal heirs.

¶7

C.M.P.No.4734 of 2022 has been filed to exempt the

¶8

petitioners/appellants from bringing on record the legal heirs of the first respondent, Dhanalakshmi Ammal and the sixth respondent, Palaniswamy Padayachi in S.A.No.1592 of 1999 and permit the petitioners/appellants to proceed the case without their legal heirs.

¶9

C.M.P.No.4701 of 2022 has been filed to exempt the

¶10

petitioners/appellants from bringing on record the legal heirs of the second respondent, Dhanalakshmi Ammal and the third respondent,

¶11

https://www.mhc.tn.gov.in/judis

¶12

___________ Page No 1 of 4_

¶13

C.M.P.Nos.4730, 4734, 4701, 4707 & 4709 of 2022

¶14

Palaniswamy Padayachi in S.A.No.1593 of 1999 and permit the petitioners/appellants to proceed the case without their legal heirs.

¶15

C.M.P.No.4707 of 2022 has been filed to exempt the

¶16

petitioners/appellants from bringing on record the legal heirs of the first respondent, Dhanalakshmi Ammal and the ninth respondent, Palaniswamy Padayachi in S.A.No.1594 of 1999 and permit the petitioners/appellants to proceed the case without their legal heirs.

¶17

C.M.P.No.4709 of 2022 has been filed to exempt the

¶18

petitioners/appellants from bringing on record the legal heirs of the first respondent, Dhanalakshmi Ammal and the sixth respondent, Palaniswamy Padayachi in S.A.No.1595 of 1999 and permit the petitioners/appellants to proceed the case without their legal heirs.

¶19

I have gone through the Lower Appellate Court Judgment in A.S.Nos.79 of 1994 etc batch. I find that in all the appeals which were heard together and disposed of, Dhanalakshmi Ammal and Palaniswamy Padayachi have refused summons and remained ex parte .

¶20

https://www.mhc.tn.gov.in/judis

¶21

Page No 2 of 4

¶22

C.M.P.Nos.4730, 4734, 4701, 4707 & 4709 of 2022

¶23

Therefore, in exercise of power granted/vested under Order 22

¶24

Rule 4 Sub Clause (4) of the Code of Civil Procedure, 1908, I exempt the petitioners/appellants from bringing on record the legal heirs of the said Dhanalakshmi Ammal and Palaniswamy Padayachi in all the appeals.

¶25

Hence, the Civil Miscellaneous Petitions are ordered. No costs.

26.04.2023

(1/3)

arb

https://www.mhc.tn.gov.in/judis

¶30

___________ Page No 3 of 4_

¶31

C.M.P.Nos.4730, 4734, 4701, 4707 & 4709 of 2022

¶32

V.LAKSHMINARAYANAN, J.

¶33

arb

¶34

C.M.P.Nos.4730, 4734, 4701, 4707 and 4709 of 2022 in S.A.Nos.1591, 1592, 1593, 1594 and 1595 of 1999

¶35

26.04.2023 (1/3)

¶36

https://www.mhc.tn.gov.in/judis

¶37

___________ Page No 4 of 4_

Saroja Ammal v. Kasilinga Padayachi

Case brief

What is this about?

What did the court decide?

Saroja Ammal v. Kasilinga Padayachi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Samiappan Vs the Executive Officer

Rajaraman Vs Nachiar Ammal

Mani[Deceased] Vs Saroja(Died)

1.SARAJAMMAL Vs Kasilinga Padayachi

Kamalam Vs Rajamani

Jayaraman Vs Sreeramulu