R.Palanisamy (Died) 1. Vasanthi v. Nachammal (Died) 1. Rajathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.Nos.6370, 6374 & 6378 of 2024 in A.S.No.222 of 2017 R. Palanisamy (died)

1. Vasanthi

2. Gnanasundari

3. Krishnamoorthy ... Petitioners / Appellants 2 to 4 in all CMPs Vs.

Nachammal (died)

1. Rajathi

2. Shanthi

3. Balasubramanian ... Respondents 1 to 3 / Respondents 2 to 4 in all CMPs

4. Jayaprabha (R4 name amended vide court order dated 09.06.2025 made in CMP.No.10184 of 2025 in CMP.Nos.6370, 6374, 6378 of 2024 in A.S.No.222 of 2017)

5. Minor K.Uthara

6. Minor K. Mithra ... Respondents 4 to 6 / Proposed Respondents 5 to 7 in all CMPs PRAYER IN CMP.No.6370 of 2024 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 1715 days in filing the petition to set aside abatement caused due to the death of the first respondent Nachammal in the above Appeal Suit. Page No.1 of 4

PRAYER IN CMP.No.6374 of 2024 : This Civil Miscellaneous Petition filed under Order 22 Rule 9 (2) of CPC, praying to set aside the abatement caused due to the death of the first respondent Nachammal in the above appeal suit.

PRAYER IN CMP.No.3948 of 2025 : This Civil Miscellaneous Petition filed under Order 22 Rule 4 of CPC, praying to bring on record the legal repesentatives of late first respondent Nachammal as respondents 5 to 7 in the above A.S.No.222 of 2017 on the file of this Court. For Petitioners :

Mr.P.Santhosh in all CMPs For Respondents :

Mr.V.Nicholas for R4 to R6 in all CMPs COMMON ORDER CMP.No.6370 of 2024 has been filed to condone the delay of 1715 days in filing the petition to set aside abatement caused by the death of the first respondent Nachammal.

2. CMP.No.6374 of 2024 has been filed to set aside the abatement caused due to the death of the first respondent Nachammal.

3. CMP.No.6378 of 2024 has been filed to bring on record the legal repesentatives of late first respondent Nachammal as respondents 5 to 7 in the above A.S.No.222 of 2017 on the file of this Court.

4. Heard Mr. P.Santhosh for the petitioners and Mr.V.Nicholas, Page No.2 of 4

learned counsel for the respondents 4 to 6.

5. On being satisfied with the reasons stated in the affidavits filed in support of these petitions and considering the submissions made by the either side, these petitions stand allowed.

13.06.2025 av Note: Registry is directed to carry out the necessary amendment in the appeal papers.

R.SAKTHIVEL, J.

Page No.3 of 4

av CMP.Nos.6370, 6374 & 6378 of 2024 in A.S.No.222 of 2017 CMA NOS.423 AND 828 OF 2021 13 / 06 / 2025 (1/2) Page No.4 of 4