Allowed¶33

Kuppammal (Deceased) v. Smt.Bakiamani (Deceased)

Madras HC13 Jun 2025CMP/16207/2021

Case brief

AI extract

What is this about?

Madras High Court; CMP.Nos.16207 & 16209 of 2021 in S.A.No.436 of 2014; Order 22 Rule 3 CPC; Order 22 Rule 9 CPC; abatement set aside on death of first appellant; legal heir / legal representative brought on record; substitution of deceased appellant; registered adoption deed 27.01.2003; registered Will 07.04.2016; Kuppammal; S.Dharmaraj; Bakiamani; Santhosh Prabhu; R.Sakthivel J.; decision date 13.06.2025; registry amendment of appeal papers.

What did the court decide?

Both civil miscellaneous petitions allowed: abatement set aside and legal heir / legal representative of Mr.S.Dharmaraj to be brought on record in S.A.No.436 of 2014; Registry directed to carry out the necessary amendment in the appeal papers. ¶33

Kuppammal (Deceased) Vs Smt.Bakiamani (Deceased) — Madras HC (2025) — LawSathi Research

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CMP.Nos.16207 & 16209 of 2021 in S.A.No.436 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.06.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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CMP.Nos.16207 & 16209 of 2021

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in S.A.No.436 of 2014

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Kuppammal (deceased) 2. S.Dharmaraj

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... Proposed Appellant in both CMPs

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Vs.

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Smt.Bakiamani (Deceased)

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Santhosh Prabhu

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... Respondents / Respondents in both CMPs

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PRAYER IN CMP.No.16207 of 2021 : This Civil Miscellaneous Petition filed under Order 22 Rule 3 of CPC, praying to bring on record the legal heir / legal representative of Mr.S.Dharmaraj, which is caused due to the death of Appellant in S.A.No.436 of 2014 pending on the file of this Court.

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PRAYER IN CMP.No.16209 of 2021 : This Civil Miscellaneous Petition filed under Order 22 Rule 9 of CPC, praying to set aside the abatement caused due to the death of the first appellant.

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For Petitioner : Mr.P.Chandrasekar in both CMPs For Respondents : Mr.Antony Jesus in both CMPs

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Page No.1 of 4

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

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CMP.Nos.16207 & 16209 of 2021 in S.A.No.436 of 2014

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COMMON ORDER

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CMP.No.16209 of 2021 has been filed to set aside the abatement

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caused due to the death of the first appellant.

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CMP.No.16207 of 2021 has been filed to bring on record the legal

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heir / legal representative of Mr.S.Dharmaraj, which is caused due to the death of Appellant in S.A.No.436 of 2014 pending on the file of this

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Court.

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Heard Mr. P.Chandrasekar, learned counsel for the petitioner and Mr.Antony Jesus, learned counsel for the respondents.

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The learned counsel for the petitioner submits that the appellant / Kuppammal passed away on 15.06.2016. The appellant / Kuppammal executed a registered adoption deed dated 27.01.2003 and thereby adopted Mr.S.Dharmaraj. Further, the learned counsel for the petitioner has furnished the photo copy of the registered adoption deed dated 27.01.2003 and registered Will dated 07.04.2016. Accordingly, he prays to allow these petitions.

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Page No.2 of 4

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

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CMP.Nos.16207 & 16209 of 2021 in S.A.No.436 of 2014

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