← Library
Madras High CourtCMP/11321/2025allowed

Palaniappan v. Venkatesh

2025-11-27Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.P.Nos.11321 to 11323 of 2025 in S.A.No.348 of 2014 Palaniappan ... Petitioner Vs

1. Venkatesh Pavayee (died)

2. Pavayee

3. Rajeswari

4. Selvi

5. Kandasamy

6. Kuppanna Gounder

7. Palaniammal

8. Sundaram

9. Natarajan

10. The Tahsildar, 1/5

Sankari, Sankari Town, Taluk Office, Sankari Town & Taluk, Salem District.

11. Kunjammal

12. Palaniappan ... Respondents PRAYER in C.M.P.No.11321 of 2025:

To condone the delay of 76 days in seeking to set aside the abatement caused due to the death of the second respondent Pavayee in S.A.No.348 of 2014. PRAYER in C.M.P.No.11322 of 2025:

To set aside the abatement caused due to the death of the second respondent Pavayee in S.A.No.348 of 2014.

PRAYER in C.M.P.No.11323 of 2025:

To bring the respondents 11 and 12 herein on record as the legal representatives of the deceased second respondent Pavayee in the above second appeal and rank them as respondents 12 and 13 respectively in S.A.No.348 of 2014.

For Petitioner :Mr.S.M.S.Shriram Narayanan 2/5

For R1 to R5 : Mr.N.Manoharan For R6 : Mr.R.Ezhilarasan For R7 : Served/No appearance R8 : Died/steps taken R9 & R10 : returned R11 : Mr.M.Murali Government Advocate R12 : refused

ORDER

These civil miscellaneous petitions have been filed to (i) To condone the delay of 76 days in seeking to set aside the abatement caused due to the death of the second respondent Pavayee in S.A.No.348 of 2014. (ii)To set aside the abatement caused due to the death of the second respondent Pavayee in S.A.No.348 of 2014.

3/5

(iii)To bring the respondents 11 and 12 herein on record as the legal representatives of the deceased second respondent Pavayee in the above second appeal and rank them as respondents 12 and 13 respectively in S.A.No.348 of 2014.

2.Heard the learned counsel for the petitioner and the learned counsel for the respondents who submits that he has got no serious objection in allowing these petitions.

3.Considering the reasons stated in the affidavits filed in support of these petitions, these petitions are allowed. Registry is directed to carry out necessary amendments in the cause title.

27.11.2025 mfa Index: Yes / No Speaking Order / Non-speaking Order DR. A.D. MARIA CLETE, J 4/5

mfa C.M.P.Nos.11321 to 11323 of 2025 in S.A.No.348 of 2014 27.11.2025 5/5