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Madras High CourtCMP/3641/2026ordered

Presentation Convent v. Somasundaram

2026-02-12Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL CMP Nos. 3641, 3644 and 3647 of 2026 in AS No. 620 of 2023 Presentation Convent No.1253, Periya Kadai St, Coimbatore Town, Coimbatore.

..Appellant(s) Vs

1. Somasundaram

2. Gajalakshmi

3. Soundarrajan

4. Parameswari

5. Kumari

6. Prabavathi

7. Mala

8. Uma Maheswari

9. Darani 10.Malarkodi

11.Gnana Prakasam (Died) 12.Selvamani 13.Kamala 14.Geetha 15.Thara 16.Srinivasan 17.Kaliraj 18.Rambai (Died) 19.Mala 20.Kala 21.G.Venkatesan 22.Saraswathy 23.K. Prabavathi 24.Chandrasekaran S.Siva 25.S.Ramu 26.Thatshyani D ..Respondent(s) C.M.P.No.3641 of 2026 : Petition filed under Section 5 of Limitation Act to condone the delay of 56 days in seeking to set aside abatement caused by the death of 8th respondent in the above appeal.

C.M.P.No.3644 of 2026 : Petition filed under Order XXII Rule 9 of CPC to set aside abatement caused by the death of the 8th respondent in the above appeal.

C.M.P.No.3647 of 2026: Petition filed under Order XXII Rule 3 of CPC to bring on record Respondents 23 to 26 herein who are the legal representatives of the deceased 8th respondent and rank them as Respondents 23 to 26. For Appellant(s):

Mr.B.Ravi For Respondent(s):

Ms.G.Pavithra for R1 to R3, R8 to R10 and R12 and R14

ORDER

(Order of the Court was made by N.Sathish Kumar J.) These applications have been filed to condone the delay of 56 days in seeking to set aside abatement caused by the death of 8th respondent, to set aside abatement and to bring on record respondents 23 to 26, who are the legal representatives of deceased 8th respondent as Respondents 23 to 26 in the above appeal.

2. Ms.G.Pavithra, learned counsel accepts notice for R1 to R3, R8 to R10 and R12 to R14 and submits that she has no serious objection for allowing these petitions.

N.SATHISH KUMAR, J.

AND R.SAKTHIVEL, J.

GPA

3. In view of the above submissions, these petitions are ordered as prayed for.

4. Registry is directed to carry out necessary and consequential amendments.

(N.S.K.,J.) (R.S.V.,J.) 12-02-2026 GPA CMP Nos. 3641, 3644 and 3647 of 2026 in AS No. 620 of 2023