Allowed¶35

Chockalingam Chettiar v. G. Ulaganathan

Madras HC17 Mar 2026CMP/407/2009

Case brief

AI extract

What is this about?

Madras HC (R. Sakthivel, J.), 17.03.2026 — CMP.No. 407 of 2009 in S.A.No. 666 of 2005 allowed under Order XXII Rule 3 CPC; impleads Nagalakshmi, Geetha and Sivaguru, legal representatives of deceased 2nd appellant Vaithilinga Chettiar, as Respondents 11 to 13; Registry directed to amend Memorandum of Grounds of Appeal; purely procedural impleadment order, no merits adjudication.

What did the court decide?

Civil Miscellaneous Petition CMP.No. 407 of 2009 allowed: Respondents 10 to 12 (Nagalakshmi, Geetha and Sivaguru, legal representatives of the deceased second appellant Vaithilinga Chettiar) to be brought on record as Respondents 11 to 13 in S.A.No. 666 of 2005, with the Registry directed to amend the Memorandum of Grounds of Appeal accordingly. ¶35

Chockalingam Chettiar Vs G. Ulaganathan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Civil Miscellaneous Petition should be allowed so as to bring Respondents 10 to 12, the legal representatives (legal heirs) of the deceased second appellant, on record in the Second Appeal.

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Court's answer

Having perused the affidavit filed in support of the petition, the Court found the reason assigned in the affidavit to be satisfied.

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Ratio / Principle

On that basis, the Court allowed the Civil Miscellaneous Petition, thereby permitting the legal representatives of the deceased second appellant to be brought on record in the Second Appeal.

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Key takeaways

As a consequential direction implementing the impleadment, the Registry was directed to carry out the necessary amendment in the Memorandum of Grounds of Appeal.ratio¶38

Detailed headnote1 paragraphs

MADRAS HIGH COURT — R. Sakthivel, J. — CMP.No. 407 of 2009 in S.A.No. 666 of 2005 — Order dated 17.03.2026: A Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908 prayed that Respondents 10 to 12 — Nagalakshmi, Geetha and Sivaguru, the legal representatives/legal heirs of the deceased second appellant Vaithilinga Chettiar — be brought on record as Respondents 11 to 13 in the pending Second Appeal. Perusing the affidavit filed in support, the Court found the reason assigned in the affidavit satisfied and allowed the petition; the Registry was further directed to carry out the necessary amendment in the Memorandum of Grounds of Appeal. The order is purely procedural (impleadment of legal representatives); no adjudication of the merits of the Second Appeal occurs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.03.2026

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CORAM THE HONOURABLE MR.JUSTICE R. SAKTHIVEL

CMP.No. 407 of 2009

S.A.No. 666 of 2005

Chockalingam Chettiar ....Petitioner/1st Appellant Vaithilinga Chettiar (Died) ...2nd Appellant

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Versus

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Murugesan (died) 1.G.Ulaganathan S/o. Govindasamy Padayachi

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...1st Respondent/2nd Respondent

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2.Arulmighu Marga Sahaya Eswaraswami Temple Rep. By its Executive Officer Narayanaipiriyal Village. ...2nd Respondent/4th Respondent

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3.G.M. Rajammal W/o.G.Murugesan

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4.M.Mannogaran S/o.G.Murugesan

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5.M.Rajkumar S/o.G.Murugesan

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6.M.Sambathkumar S/o.G.Murugesan

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1/4

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

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7.V.Vijayalakshmi W/o. Vijayakumar

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8.M.Elavarasan S/o.G.Murugesan 9.M.Devi D/o.G.Murugesan ...Respondents/ Proposed Respondents 3 to 9/ LR’s of deceased 1^st Respondents

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Legal representatives of Vaithilingam/2nd Appellant .

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Nagalakshmi W/o. Late.Vaithilingam

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..10^th Respondent/ Proposed 11^th Respondent

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11.Geetha D/o. Late.Vaithilingam

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..11^th Respondent/ Proposed 12^th Respondent

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12.Sivaguru S/o. Late.Vaithilingam

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...12^th Respondent/ Proposed 13^th Respondent

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Prayer: Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the Respondent Nos.10 to 12 herein, who are the legal representatives of the deceased second appellant in the above Second Appeal as Respondents 11 to 13.

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2/4

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

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For Petitioners : Mrs.A.Nilaphar For Ms.R.Meenal

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ORDER

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This Civil Miscellaneous Petition has been filed to bring on record the Respondent Nos.10 to 12 herein, who are the legal-heir(s)/legal representative(s) of the deceased second appellant in the above Second Appeal as Respondents 11 to 13 in the Second Appeal.

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2.Mrs.A.Nilaphar, representing Ms.R.Meenal, Counsel on record for the petitioners is before this Court.

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3.This Court has perused the affidavit filed in support of this petition.

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4.Reason assigned in the affidavit is satisfied. Hence, this Civil Miscellaneous Petition is allowed.

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5.Accordingly, this Civil Miscellaneous Petition is allowed.

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17.03.2026

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MSM