Mani @ Elankathir v. Kosi @ Vellaigounder (Died) Maran @ Vellingiri (Died) 1. Thenmozhi

CMP NO. 10687 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-08-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU C.M.P.Nos.10687, 10689 & 10688 of 2025 in S.A.No.688 of 2018 Mani @ Elankathir S/o.Sokkan, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

Appellant(s) Vs Kosi @ Vellaigounder (died) Maran @ Vellingiri (died) 1. Thenmozhi W/o.Prakasam, Achalvadi Village and Post, Harur Taluk, Dharmapuri District. and 14 Others Respondent(s) For Appellant(s):

Mr.K.M.Haresh For Mr.S.M.S.Shriram Narayanan (in all petitions) For Respondent(s):

Mr.V.Nicholas (For R1) (in all petitions) Mr.Ameedius Government Advocate (For R8 & R9) (in all petitions) No appearance - For R11 to R15

COMMON ORDER The present civil miscellaneous petitions have been filed to condone the delay of 875 days in seeking to set aside the abatement caused due to the death of the 5th respondent Samikannu in the above Second Appeal; to set aside abatement caused due to the death of the 5th respondent Samikannu and to bring on record the 11th respondent herein on record as the Legal Representative of the deceased 5th respondent Samikannu and rank him as 13th respondent in the Second Appeal.

2. In spite of notice having been served on the respondents 11 to 15 and their names also printed in the cause list, they have neither appeared in person nor through a counsel.

3. The learned counsel, who had entered appearance on behalf of the first respondent would indicate that he had also written a letter to inform them of the case, but has received no instructions.

4. In view of the same, the civil miscellaneous petitions in CMP.Nos.10687, 10689 & 10688 of 2025 are ordered as prayed for.

5. Accordingly, the delay of 875 days is condoned; the abatement caused due to the death of the 5th respondent is set aside. The 11th respondent herein ordered to be brought on record as Legal Representative of the deceased 5th respondent as 13th respondent in the Second Appeal. 08-08-2025 (1/3) kak Note: Registry is directed to carry out the necessary amendments on or before 22.08.2025.

To

1. Kosi @ Vellaigounder (died) Maran @ Vellingiri (died) 1. Thenmozhi W/o.Prakasam, Achalvadi Village and Post, Harur Taluk, Dharmapuri District.

2. Sumathi, W/o.Sakthivel, Teacher in P.D.R.Matriculation School, Pappireddipatti Town and Taluk, Dharmapuri District.

3. Sudha, W/o.Selvam,

D.No.1246/5/524/D, 2nd Sannathi Street, Jagir Ammapalayam Post, Salem Town and Salem District.

Samikannu (Died)

4. Venkatesan, S/o.Muthugounder, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

5. Devaraj, S/o.Mookka Gounder, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

6. Nagaraj, S/o.Mookka Gounder, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

7. Karunakaran, S/o.Natesan, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

8. The Sub Registrar, Pappireddipatty, Dharmapuri District.

9. The District Collector, Dharmapuri District.

10. Chinnakkal,

W/o.Late Maran @ Vellingiri, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

11. S.Nedumaran, S/o.Samikannu, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

12. Ravi, S/o.Kosi @ Vellaigounder, AGM-Plantation, Tamil Nadu Newsprint and Papers Ltd., Kagithapuram, Karur - 639 136 Dharmapuri District.

13. K.Somu S/o.Kosi @ Vellaigounder, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

14. K.Jayakumar, S/o.Kasi, H.Pudhupatty Village and Post, Pappireddipatty Taluk, Dharmapuri District.

15. K.Jayalakshmi, W/o.Mani, Keeraipatty Village and Post, Harur Taluk, Dharmapuri District.

K.KUMARESH BABU, J.

kak C.M.P.Nos.10687, 10689 & 10688 of 2025 in S.A.No.688 of 2018 08.08.2025