Anjalidevi v. Annamalai Chettiyar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU in S.A.No.448 of 2015 Anjalidevi W/o. Mannu Chettiyar, D/o. Late Arimuthu Chettiyar, At No.568, 10th Street, Sasthiri Nagar, Vysarpadi, Chennai - 600 039.

..Appellant in all C.M.P(s) Vs

1. Annamalai Chettiyar(Deceased)

2. Madhavan Chettiyar(Deceased)

3. Sivaprakasam Chettiyar(Deceased)

4. Andal Ammal W/o. Late Arimuthu Chettiyar, No.6/88, Vaniyar Street, Avalurpettai Village, Gingee Taluk, Villupuram District.

5. Lakshmi W/o. Annamalai Chettiyar,

No.1275, Thendral Nagar, Vengikkal, Tiruvannamalai Taluk, Tiruvannamalai District.

6. Malliga W/o. Madhavan Chettiyar, NO.30/484, 19th Street, Sathuvachari Part II, Vellore District.

7. Saravanan.A S/o. Annamalai Chettiyar(Deceased)

8. Parthiban.A Annamalai Chettiyar (Deceased)

9. Pachaiyappan.A Annamalai Chettiyar (Deceased) Proposed Respondents 7 to 9 are residing at No.1275, Thendral Nagar 9th Street, Vengikkal, Thiruvannamalai, Tamil Nadu - 606 604.

10.Vinothe Kumar.S.M.

S/o. Madhavan Chettiyar (Deceased) 11.Krishna Kumar.M S/o. Madhavan Chettiyar (Deceased) 12.Senthil Kumar M S/o. Madhavan Chettiyar (Deceased)

13.Manikandan.A.M S/o.Madhavan Chettiyar(Deceased) Proposed Respondents 10 to 13 are residing at No.3/484, 19th Street, Phase II, Sathuvachary, Vellore, Tamil Nadu - 632 009.

14.S. Arulmozhi S/o. Sivaprakasam Chettiyar(Deceased) 15.S. Sakthivel S/o. Sivaprakasam Chettiyar(Deceased) 16.S. Barani S/o. Sivaprakasam Chettiyar (Deceased) Proposed respondents 14 to 16 are residing at No.31, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore, Tamil Nadu - 632 007.

Proposed Respondents 14 to 16 are residing at No.31, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore, Tamil Nadu - 632 007.

.. Respondents/Proposed Respondents in all C.M.P(s)

Prayer in C.M.P.No.3943 of 2026:

To condone the delay of 1545 days in filing the application to set aside the abatement against the 2nd respondent.

Prayer in C.M.P.No.3946 of 2026:

To set aside the abatement caused due to the death of 2nd respondent and thereby render justice.

Prayer in C.M.P.No.3942 of 2026:

To bring on record the proposed respondents 10 to 13 herein as legal heirs of the deceased 2nd respondent and rank them as respondents 10 to 13 in the above SA No.448 of 2015 and thereby render justice. For Appellant(s):

Mr.V.Ravi COMMON ORDER The civil miscellaneous petitions have been filed to condone the delay of 1545 days in filing the application to set aside the abatement against the 2nd respondent; To set aside the abatement caused due to the death of 2nd respondent and to bring on record the proposed respondents 10 to 13 herein as legal heirs of the deceased 2nd respondent and rank them as respondents 10 to 13 in the above SA No.448 of 2015.

2. Heard the learned counsel for the petitioner.

3. Considering the averments made in the affidavit filed in support of these petitions and having been satisfied with the reasons stated therein, the delay of 1545 days stands condoned and C.M.P.No.3943 of 2026 stands

allowed; The abatement caused due to the death of the 2nd respondent stands set aside and C.M.P.No.3946 of 2026 stands allowed and the proposed respondents 10 to 13 herein are brought on record as respondents 10 to 13 in the Second Appeal and accordingly, C.M.P.No.3942 of 2026 stands allowed. No costs. 13-02-2026 (2/3) Note: Registry is directed to carry out the necessary amendments in the cause title and on such amendment, issue notice to the newly impleaded respondents in the appeal returnable in four weeks.

kak

K.KUMARESH BABU, J.

kak CMP Nos. 3943, 3946 & in S.A.No.448 of 2015 (2/3) 13-02-2026