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Madras High CourtCMP/4828/2018allowed

Kamalammal v. Kalian

2026-03-04Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL in S.A.No.431 of 2001 Kamalammal W/o.Krishnan Keezhathazhanur Tirukoilur Taluk Petitioner in all CMPs Vs 1.Kaliyan S/o.Gangatharan 2.Gopalakrishnan (died) 3.Anjalai W/o.Gopalakrishnan 4.Kannan S/o.Gopalakrishnan All residing at Keezhathazhanur Village, Tirukoilur Taluk Respondents in all CMPs Prayer in C.M.P.No.4828 of 2018: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, praying to condone the delay of 2694 days in filing the petition to set aside the abatement caused due to the death of 2nd Respondent.

Prayer in C.M.P.No.4829 of 2018: Civil Miscellaneous Petition filed under Order XXII Rule 9 of Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of 2nd Respondent. Prayer in C.M.P.No.4830 of 2018: Civil Miscellaneous Petition filed under Order XXII Rule 4 of Code of Civil Procedure, 1908, praying to bring on record the Respondents 3 and 4 /Legal Representatives of the deceased 2nd Respondent as Respondents 3 and 4 in the above Second Appeal. For Petitioner in all CMPs:

Mr.N.Suresh For Respondents in all CMPs:

Ms.V. Srimathi for R3 and R4

ORDER

Mr.N.Suresh, learned Counsel appearing for the Petitioner and Ms.V.Srimathi, learned Counsel appearing for the Respondents 3 and 4 are before this Court.

2.These petitions are filed to condone the delay of 2694 days, set aside the abatement and bring on record the Legal Heir(s)/Legal Representative(s) of the deceased 2nd Respondent as Respondents 3 and 4 in the above Second Appeal.

3.Heard on both sides.

4.Learned Counsel appearing for the Respondents 3 and 4 has not raised any serious objection in allowing these Civil Miscellaneous Petitions. 5.This Court has perused the affidavit and satisfied with the reasons stated in the affidavit filed in support of these petitions, the petitions are ordered. 6.Registry is directed to carry out necessary amendment in the Second Appeal.

04-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes pam

R.SAKTHIVEL ,J.

pam in S.A.No.431 of 2001 04-03-2026