Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2026
CORAM
THE HONOURABLE MR.JUSTICE R. SAKTHIVEL CMP.No.774 of 2023 in S.A.No.1596 of 1996 ---- 1.Thulasiammal (died) 2.K.T.Thulasiram (died) 3.T.Nagendran S/o.Late.M.R.Thulasiram 32-A, Shankar Nagar Salem-7. 4.K.T.Rangachari 5.K.T.Ragunath 6.K.T.Krishnamoorthy 7.N.G.Lalitha W/o.Govindarajan Fort, Salem-1. ….Petitioners/Appellants 3 to 7
Versus
1.Indirani W/o.Ethiraj 2.S.G.Ethiraj (Died) S/o.Govindaraj Salem-9. ….Respondents 1&2/Respondents 1&2 3.E.Ravindranath Tagore, S/o.Late. S.G.Ethiraj 4.E.Ramamoorthy S/o.Late.S.G.Ethiraj 5.E.Ramadevi D/o.Late.S.G.Ethiraj Salem-9. ...Proposed respondents 3 to 5/ LRs of the deceased 2nd Respondent Prayer: Civil Miscellaneous Petition filed under Order XXII Rule 4 and 5 of the Code of Civil Procedure, 1908 praying to bring on the LR’s of deceased 2 nd Respondent Ethiraj as Respondents 3 to 5 and record herein 3 to 5 respondents, namely, E.Ravindranath Tagore, E.Ramamoorthy, E.Ramadevi as legal heirs of the deceased S.G.Ethiraj in the above Second Appeal. For Appellants : Ms.P.Vidhya Shree For Ms.P.T.Ramadevi For Respondents : Mr.J.Sairam Mr.P.Jagadeesan ---
ORDER
Ms.P.Vidhya Shree, representing Ms.P.T.Ramadevi, Counsel on record for the Petitioners and Mr.J.Sairam, representing Mr.P.Jagadeesan, Counsel on record for the Respondent No.1 are before the Court.
2. Mr.J.Sairam, representing Mr.P.Jagadeesan, Counsel on record for the
Respondent No.1 in the main appeal takes notice on behalf of the Respondent No.1 in the Civil Miscellaneous Petition. 3.Heard both sides. 4.This Court has perused the affidavit filed in support of this petition. 5.The Respondent No.2 in the main appeal, namely, S.G.Ethiraj, passed away on July 3, 2022 leaving behind his wife, namely, Indirani (Respondent No.1) and two sons, namely, E.Ravindranath Tagore, E.Ramamoorthy and one daughter, namely, E.Ramadevi, as his legal heirs/legal representatives. 6.Notice sent to the Respondent Nos.3 to 5 returned with a postal endorsement as “No Such Person”. 7.Considering the nature of the petition, this Court is of the view that no notice is required for the Respondent Nos.3 to 5. Since the first respondent who is the mother of the Respondent Nos.3 to 5 is already on record and contesting the Second Appeal. Hence, this Court is inclined to allow the Civil Miscellaneous Petition. 8.Accordingly, the Civil Miscellaneous Petition is allowed. Considering the facts and circumstances of the case, there shall be no order as to costs. 03.06.2026
MSM Note: Registry is directed to carry out necessary amendment in the main Second Appeal No.1596 of 1996 and list the matter on June 10, 2026. R.SAKTHIVEL, J MSM CMP.No.774 of 2023 in S.A.No.1596 of 1996 03.06.2026