Allowed¶54

Kaliamoorthy v. a.Rajagopal Kounder (Died)

Madras HC30 Mar 2026CMP/7615/2026

Case brief

AI extract

What is this about?

Recording/substitution of legal representatives of a deceased appellant under Order XXII Rules 2 and 3 of the Code of Civil Procedure, 1908 in a pending second appeal (S.A.No.1120 of 2005); Madras High Court single-judge common order allowing both CMPs on the strength of supporting affidavits; consequential amendment of the Memorandum of Grounds of Appeal. Parties: Kaliamoorthy, Sekar, Chinnaponnu (died), Murugan, R.Tamilarasi (petitioners/appellants) versus A.Rajagopal Kounder (died), Kamalakshi, Muthulakshmi (died), Veeraghavan, Suseela (respondents); counsel: A.Nilaphar for R.Meenal.

What did the court decide?

Both civil miscellaneous petitions allowed; Registry directed to carry out necessary amendment in the Memorandum of Grounds of Appeal. ¶54

Kaliamoorthy Vs a.Rajagopal Kounder (Died) — Madras HC (2026) — LawSathi Research

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C.M.P.NOS.7615 & 7596 OF 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 30-03-2026

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

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C.M.P.NOS.7615 & 7596 OF 2026 IN S.A.NO.1120 OF 2005

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1.Kaliamoorthy S/o. Apparaju Kounder

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2.Sekar S/o. Apparaju Kounder

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3.Chinnaponnu (Died)

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4.Murugan S/o. Apparaju Kounder LR of Chinnaponnu 5.R.Tamilarasi D/o. Apparaju Kounder, All are residing at 3/159, West Pondy Road, Kolianur Post, Villupuram District.

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...Petitioners 1 to 4/Appellants 1 to 4

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...5^th Petitioner/Proposed Appellant No.5

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1.A.Rajagopal Kounder (Died)

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2.Kamalakshi D/o. Apparaju Kounder, 3/159, West Pondy Road, Kolianur Post, Villupuram District.

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3.Muthulakshmi (Died)

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4.Veeraghavan S/o. Rajagopal Kounder,

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5.Suseela

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

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C.M.P.NOS.7615 & 7596 OF 2026

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D/o. Rajagopal Kounder, Both Respondents 4 & 5 are at 2/69, Bajanai Koil Street, Kolianur Post, Villupuram District.

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...Respondents/Respondents

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PRAYER

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Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the fifth Petitioner herein who is the legal representatives of the deceased third appellant in the above Second Appeal.

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C.M.PNO.7596 of 2026

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1.Kaliamoorthy S/o.Apparaju Kounder

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2.Sekar S/o.Apparaju Kounder

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3.Chinnaponnu (Died) 4.Murugan S/o. Apparaju Kounder 5.R.Tamilarasi D/o.Apparaju Kounder,

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...Petitioners 1 to 4/Appellants 1 to 4

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All are residing at 3/159, West Pondy Road, Kolianur Post, Villupuram District.

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...5^th Petitioner/Proposed Appellant No.5

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1.A.Rajagopal Kounder (Died)

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2.Kamalakshi D/o. Apparaju Kounder, 3/159, West Pondy Road, Kolianur Post, Villupuram District.

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3.Muthulakshmi (Died)

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

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C.M.P.NOS.7615 & 7596 OF 2026

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4.Veeraghavan S/o. Rajagopal Kounder

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5.Suseela D/o. Rajagopal Kounder Both Respondents 4 & 5 are at 2/69, Bajanai Koil Street, Kolianur Post, Villupuram District.

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...Respondents/Respondents

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PRAYER

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Civil Miscellaneous Petition filed under Order XXII Rule 2 of the Code of Civil Procedure, 1908, praying to record the Petitioners 1, 2 and 4 as legal representatives of the deceased third appellant in the above Second Appeal

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

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COMMON ORDER

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Heard Ms.A.Nilaphar representing Ms.R.Meenal, Counsel on record for the Petitioners.

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2.C.M.P.No.7615 of 2026 in S.A.No.1120 of 2005 is filed to bring on

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record the 5^th Petitioner herein as Legal Representative of the deceased 3^rd Appellant in the above Second Appeal.

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3.C.M.P.No.7596 of 2026 in S.A.No.1120 of 2005 is filed to record the