Madras High CourtCMP/7947/2023allowed

M.Anandhan v. M.Manoharan

2025-06-20Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-06-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN C.M.P.Nos.7947, 7949 and 7950 of 2023 in A.S.No.483 of 2022 1.M.Anandhan Son of Mr.Munusamy, 2.Mrs.Shenbagavalli, Wife of Mr.Anandhan, 3.A.Manivannan Son of Mr.Anandhan 4.A.Madhan, Son of Mr.Anandhan, No.7 Raghavan Garden, 5.A.Sridharan, Son of Mr.Anandhan, 1/6

6.A.Ammu, Daughter of Mr.Anandhan, .. Petitioners/Appellants in all cases /versus/ 1.Mr.M.Manoharan(deceased) Son of Munusamy, 2.K.Gowri(deceased), No.6, Raghavan Garden, 3.K.Ravi, Son of Kuttappan, 4.N.Janithi, Wife of Natarasan, 5.K.Jayasri, D/o Kuttuappan, 2/6

6.K.Suresh, Son of Kuttuappan, Myalpore, Chennai 600 005.

.. Respondents 2 to 5/Respondents 2 to 5 in all cases 7.Mrs.Kumari, Wife of Manoharan(late) 8.Mrs.Rajinikanth, Son of Manoharan(late), 9.Mr.Sivachandran, Son of Manoharan(late), 10.Mrs.Anitha Devi, Son of Manoharan (late) Myalpore, Chennai 600 005.

.. Respondents 7 to 10/proposed respondents 7 to 10 in all cases C.M.P.No.7947 of 2023:

This petition has been filed under Section 5 of the Limitation Act praying to condone the delay of 228 days in filing the set aside the abatement petition before this Hon'ble Court in A.S.No.483 of 2022. 3/6

C.M.P.No.7949 of 2023:

This petition has been filed under Order 22, Rule 9(2) and Section 151 of C.P.C., praying to set aside the abatement against the Mr.Manoharan died on 02.02.2021 in A.S.No.483 of 2022.

C.M.P.No.7950 of 2023:

This petition has been filed under Order 22, Rule 4 of C.P.C., to bring the legal heirs of late Mr.Manoharan namely, 1.Mrs.Kumari, 2.Mrs.Rajinikanth, 3.Mr.Sivachandran, 4.Mrs.Anitha Devi as proposed parties/respondents 7 to 10 in A.S.No.483 of 2022.

For Petitioners :Mr.P.Manikannan COMMON ORDER In view of the death of Manoharan, the first respondent, these petitions are filed to condone the delay of 228 days in filing the petition to set aside the abatement; to set aside the abatement; and to bring the legal heirs of the deceased Manoharan as respondents 7 to 10. 2.Considering the relationship and the reasons stated in the affidavit 4/6

filed in support of the petitions, these petitions are allowed. 20.06.2025 ari Note:Registry is directed to carry out necessary amendment in the main appeal.

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Dr.G.Jayachandran,J.

ari C.M.P.Nos.7947, 7949 and 7950 of 2023 in A.S.No.483 of 2022 20.06.2025 6/6