Allowed¶39

K. Sadasivam v. K.Velusamy

Madras HC19 Mar 2025CMP/6203/2022

Case brief

AI extract

What is this about?

Madras High Court single-judge order (C.Kumarappan, J., 19-03-2025) allowing an Order 22 Rule 3 CPC impleading application (CMP No. 6203 of 2022) in appeal A.S.No. 822 of 2012: petitioner impleaded as 7th appellant as sole legal heir of deceased first appellant K.Sadasivam (death 19.08.2021) based on Release Deed of 23.12.2016 by his mother and sisters; objection regarding other unimpleaded legal heirs dismissed; appeal memorandum amendment directed; parties from Krishnapuram/Mohanur Road, Namakkal; advocates K.Vijayaraghavan (petitioners) and C.Jagadish (respondent-5).

What did the court decide?

Petitioner impleaded as legal heir of the deceased 1st appellant and to be ranked as 7th appellant in A.S.No. 822 of 2012; Registry directed to make necessary amendment in the appeal memorandum. ¶39

K. Sadasivam Vs K.Velusamy — Madras HC (2025) — LawSathi Research

¶1

CMP NO. 6203 of 2022

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-03-2025

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP NO. 6203 of 2022 in

¶5

A.S.No. 822 of 2012

¶6

K. Sadasivam (deceased)

¶7

1.K.Krishnamoorthy 2.Pappathiammal (deceased) 3.K.Balasubramaniam

¶8

4.D.Kanagaraj

¶9

5.Kalaiarasi

¶10

6.Suresh

¶11

....Petitioners

¶12

Versus

¶13

K.Velusamy S/o. Kalianna Gounder, 1/158, Krishnapuram, Dumamkurichi Post, Namakkal.

¶14

K. Vasudevan

¶15

S/o. Kalianna Gounder, 1/154, Krishnapuram, Dumamkurichi Post, Namakkal.

¶16

K. Arunachalam S/o. Kalianna gounder, 1/160, Krishnapuram, Dumamkurichi Post, Namakkal.

¶17

K. Natesan

¶18

S/o. Kalianna Gounder, 1/157, Krishnapuram, Dumamkurichi Post, Namakkal.

¶19

1/4

¶20

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

¶21

CMP NO. 6203 of 2022

¶22

K. Srinivasan S/o. Kalianna Gounder, H-1-10, Mullai Nagar, Mohanur Road, Namakkal. ...Respondents

¶23

Prayer: CMP No. 6203 of 2022 filed under Order 22 Rule 3 CPC seeking to bring on record of the legal heirs of the deceased 1^st appellant as detailed hereunder and rank him as the 7^th appellant.

¶24

For Petitioners : Mr.K.Vijayaraghavan For Respondent-5 : Mr.C.Jagadish

¶25

ORDER

¶26

Counsel for the petitioners is present.

¶27

2.The Instant Application has been filed to implead the legal heirs

¶28

of the deceased first appellant, namely, K.Sadasivam.

¶29

3.According to the petitioners, the deceased 1^st

¶30

appellant/K.Sadasivam died on 19.08.2021 leaving behind his wife, two

¶31

daughters and the petitioner herein, who is arrayed as the proposed party.

¶32

4.It is submitted that during the life time of his father, his mother

¶33

and sisters were executed Release Deed on 23.12.2016. Therefore, he is the only person would succeed the estate of the deceased 1^st appellant and

¶34

2/4

¶35

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

¶36

CMP NO. 6203 of 2022

¶37

therefore, prayed to allow the application.

¶38

5.The learned Counsel appearing for the respondents would submit that though the petitioner had pleaded an existence of other legal heirs, the non implement of those legal heirs would make this application, become defective. But this Court could not find any merits in the submission made by the learned Counsel for the respondents. If the respondent wants the presence of other legal heirs nothing prevented them to move an application for impleading.

¶39

6.Hence, considering the averment in the affidavit and the alleged release deed, the petitioner is the only person to succeed the estate of the deceased. Therefore, this application is allowed and ordered to be impleaded as 7^th appellant as the legal heirs of the first appellant deceased.

¶40

19-03-2025

¶41

MSM

¶42

Note: Registry is directed to make necessary amendment in the appeal memorandum.

¶43

3/4

¶44

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

¶45

CMP NO. 6203 of 2022