Chinnasamy v. Palanisami (Died) 1. Sarojini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN CMP Nos. 3978, 3980 & 3981 of 2025 in S.A.No.1060 of 2010 Chinnasamy Petitioner Vs Palanisami (died)

1. Sarojini 2.Dhamotharan 3.Gowri 4.Valliammal 5.Pushpavathi 6.Kausikan. P 7.Sagunthala Devi Respondent(s) For Appellant(s):

N. Ponraj For Respondent(s):

Mr. M. Guru Prasad For RR5 to 7

ORDER

These Civil Miscellaneous Petitions have been filed, consequent to the death of the 1st respondent, seeking to condone the delay in filing petition to set aside abatement, to set aside abatement and to bring on record his legal representatives as respondents 6 to 8 in the Second Appeal.

2. Notice had been directed in the three applications and the learned counsel had also entered appearance.

3. The appellant was the plaintiff in O.S.No.70 of 1999 on the file of the District Munsif Court, Dharapuram. The Suit was dismissed. Thereafter, the appellant filed A.S.No.13 of 2009 which came up for consideration before the Sub Court, Dharapuram. The Appeal Suit was also dismissed. The Second Appeal has not yet been admitted. The learned counsel for the appellant will have to make out a case for admission of the Second Appeal.

4. Taking all the factors into consideration, all these Civil Miscellaneous Petitions stand allowed. The Registry to record the death of the 1st respondent and bring on record his legal representatives as indicated in the Civil Miscellaneous Petitions.

04-07-2025 smv Index:Yes/No Speaking/Non-speaking order

C.V.KARTHIKEYAN J.

smv CMP Nos. 3978, 3980 & 3981 of 2025 in S.A.No.1060 of 2010 04-07-2025