Balakrishnan v. Krishna Rao

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR CMP Nos. 7187, 7189 and 7190 of 2026 IN SA SR NO. 28623 OF 2020 Balakrishnan, S/o. Govindarajulu, No.41, Rajiv Nagar North, Nagai road, Tholkappiyar Sadukkam, Thanjavur 613 001.

..Appellant(s) Vs

1. Krishna Rao, S/o. Govindarajulu, 21, Thiyagarajapillai St, Udayarkudi Village, Kattumannarkoil Post, Cuddalore Dt.

2. Gajapathi Rao. S/o. Govindarajulu, No.21, Thiyagarajapillai St, Udayarkudi Village, Kattumannarkoil Post, Cuddalore Dt.

3. Narayanasamy, S/o. Govindarajulu, Plot No.1/584, E-1, Muthamizh Nagar, Kodunkaiyur, Chennai 51.

4. David (Died)

5. Saroja, W/o. Thirumalaisamy, Res. at No.11, Pajanai Koil Street, 1st Street, Soolai Medu, Nungampakkam, Chennai - 034.

6. Lakshmi, D/o. Govindarajulu, Res. at No.3, North Street, Kandiyur Post, Thiruvaiyaru Tk, Thanjavur Dt.

Philomin Arputharaj (Died)

7. Sujith, S/o. Late Philomin Arputharaj, R.C.Street, Kottaimedu, Kattumannarkovil.

Udaiyarkudi, Cuddalore - 301.

..Respondent(s) CMP No. 7187 of 2026: To condone the delay of 3080 days in filing the application to set aside the abatement caused due to the death of the 4th respondent, namely David, in SA SR No.28623 of 2020. CMP No. 7189 of 2026: To set aside the abatement caused due to the death of the 4th respondent, namely David, in SA SR No.28623 of 2020. CMP No. 7190 of 2026: To bring on record the 7th respondent as LR of the deceased 4th respondent as proposed 7th respondent in SA SR No.28623 of 2020.

For Petitioner(s):

Mr. S.Karthikei Balan For Respondent(s):

Mr.A.Muthukumar for R1, R2, R3 and R5 Mr.T.Thiyagarajan for R6

COMMON ORDER It is seen from the typed set of papers that the 4th respondent, namely David, died on 29.04.2017, even during the pendency of the first appeal. Hence, the petitioner/ appellant preferred the second appeal as against the deceased 4th respondent is a nullity. In such circumstances, the petitioner/appellant is not entitled to file application to bring on record the legal representatives of the deceased R4 and also the other applications to condone the delay in filing petition to set aside the abatement caused due to the death of R4 and to set aside the abatement caused due to the death of R4. The proper course is to to file a petition to amend the cause title so as to include the L.Rs of the deceased R4 and to file necessary petition to condone the delay in presenting the second appeal as against the L.Rs of the deceased R4.

2. In view of the above mentioned position, all the civil miscellaneous petitions are dismissed with liberty to the petitioner to file appropriate applications.

12-03-2026 Index: Yes/No Speaking/Non-speaking order MST

S.SOUNTHAR, J.

MST CMP Nos. 7187, 7189 and 7190 of 2026 in SA SR NO. 28623 OF 2020 12-03-2026