Tharmalingam another vs Palanisamy 2 others Advocate - BALAMURUGAN B — 9/2021

Case under Code of Civil Procedure Section O21R11. Status: EA Pending. Next hearing: 12th March 2026.

EP - Execution Petition

CNR: TNSA170001222021

EA Pending

Next Hearing

12th March 2026

Filing Number

152/2021

Filing Date

22-07-2021

Registration No

9/2021

Registration Date

30-07-2021

Court

District Munisf Court, Mettur

Judge

2-District Munsif, Mettur

Acts & Sections

Code of Civil Procedure Section O21R11

Petitioner(s)

Tharmalingam another

Adv. MOHANRAM.S

Respondent(s)

Palanisamy 2 others Advocate - BALAMURUGAN B

Hearing History

Judge: 2-District Munsif, Mettur

05-03-2026

EA Pending

23-02-2026

EA Pending

07-02-2026

EA Pending

03-02-2026

EA Pending

27-01-2026

EA Pending

Interim Orders

19-06-2025
Copy of Judgment

SUMMARY: The petitions (E.A. Nos. 05 and 06 of 2024) filed by decree holders Dharmalingam and Umasaravanan to implead the legal heirs of the deceased 2nd respondent and appoint a guardian for minor respondents have been dismissed with liberty to file an appropriate application. The court found defects in the petitions, particularly that the affidavit supporting the guardian appointment failed to include mandatory statutory averments required under Order 32 Rule 3(5) of CPC (Madras High Court Amendment), 1908, regarding the proposed guardian's fitness and absence of adverse interest. The court permitted the petitioners to re-file a properly drafted application with complete averments to protect the minors' interests in the pending execution proceedings. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

SUMMARY: The petitions (E.A. Nos. 05 and 06 of 2024) filed by decree holders Dharmalingam and Umasaravanan to implead the legal heirs of the deceased 2nd respondent and appoint a guardian for minor respondents have been dismissed with liberty to file an appropriate application. The court found defects in the petitions, particularly that the affidavit supporting the guardian appointment failed to include mandatory statutory averments required under Order 32 Rule 3(5) of CPC (Madras High Court Amendment), 1908, regarding the proposed guardian's fitness and absence of adverse interest. The court permitted the petitioners to re-file a properly drafted application with complete averments to protect the minors' interests in the pending execution proceedings. This case analysis is maintained by casestatus.in based on publicly available court records.

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