Chockammal, v. Kasiammal,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR CMP NO. 18906 OF 2025, CMP NO. 18907 OF 2025, CMP NO. 18909 OF 2025 & CMP NO. 3181 OF 2024 AND CRP No. 639 of 2024 1.Chockammal W/o. Late.Jayaraman, D/o. Late.Parthasarathy, Bharathiar Second Cross Street, Madhavaram, Chennai 60.

2.Saroja W/o. Late.Chockalingam, No. 186, Bharathiar First Cross Street, Madhavaram, Chennai 60 3.Santhi D/o. Late.Chockalingam, No. 186, Bharathiar First Cross Street, Madhavaram, Chennai 60 4.Amudha D/o. Late.Chockalingam, No. 186, Bharathiar First Cross Street, Madhavaram, Chennai 60 5.Vijayan S/o. Late.Chockalingam, No. 186, Bharathiar First Cross Street, Madhavaram, Chennai 60 __________Page 1 of 7

..Petitioner(s) in all C.M.P.s Vs 1.Kasiammal W/o. Late Parthasarathi Naicker, No. 186, Bharathiar First Cross Street, Madhavaram, Chennai 60 2.Ganapathi S/o. Late Parthasarathi Naicker, No. 186, Bharathiar First Cross Street, Madhavaram, Chennai 60 3.Kathirvelu (Died) 4.Krishnan S/o. Late Parthasarathi Naicker, No. 186, Bharathiar First Cross Street, Madhavaram, Chennai 60 R.CHANDRASEKARAN (DIED) 5.C.Jeyakumari W/o. Late.Chandrasekaran No. 72, Karamarajar Nagar, Korattur, Rep by her Power of Attorney Holder, N.Purushothaman, S/o. Narayanasamy, Parasurama Easwaran Koil St, Ayyanavaram, Chennai 023.

6. Vijaya W/o.Late Kathirvelu, Residing at No.187, Bharathiar First Cross Street, Madhavaram, __________Page 2 of 7

Chennai -600 060.

7. Poongodi, D/o.Late Kathirvelu, Residing at No.187, Bharathiar First Cross Street, Madhavaram, Chennai -600 060.

8. K.Thulasi, D/o.Late Kathirvelu, Residing at No.187, Bharathiar First Cross Street, Madhavaram, Chennai -600 060.

9. Yuvaraj, S/o.Late Kathirvelu, Residing at No.187, Bharathiar First Cross Street, Madhavaram, Chennai -600 060.

..Respondent(s) in all C.M.P.s CMP No. 18906 of 2025 To condone the delay of 252 days in filing the application to set aside the abatement caused due to the death of 3rd respondent namely Kathirvelu in C.R.P.No.639 of 2024 CMP No. 18907 of 2025 To set aside the abatement caused due to the death of the 3rd respondent namely Kathirvelu in C.R.P.No.639 of 2024 CMP No. 18909 of 2025 To bring on record the proposed respondents/proposed respondents the legal heirs of the 3rd respondent and add them as the respondents 6 to 9 in the above Civil Revision Petition in CRP.No.639 of 2024 CRP No. 639 of 2024 __________Page 3 of 7

To set aside the Fair order dated 06.04.2023 passed in I.A.No. 1 of 2021 in O.S.No. 8 of 1999 on the file of the Additional Subordinate Judge, Ponneri CMP No. 3181 of 2024 To grant an order of AD-INTERIM STAY of all further proceedings in the above Fair order passed in I.A.No. 1 of 2021 in O.S.No. 8 of 1999 dated 06.04.2023 on the file of the Additional Subordinate Judge, Ponneri pending disposal of the above appeal.

In all CMPs For Petitioner(s):

Mr. D. Rajendran For Respondent(s):

Mr.R.Krishnaswamy Order The learned counsel for petitioners would submit that the 3 rd respondent died and the 1 st respondent is mother of 3 rd respondent.

2. The petition in C.M.P.No. 18909 of 2025 has been filed seeking to bring on record the other legal heirs of 3 rd respondent and to implead them as respondents 6 to 9 in the above Civil Revision Petition.

3. The petitions in C.M.P.Nos. 18906 and 18907 of 2025 have been filed __________Page 4 of 7

seeking to condone the delay in filing the application to set aside the abatement and to set aside the abatement caused due to the death of 3 rd respondent.

4. The learned counsel for respondents have no objections for allowing the petition to bring on record in C.M.P.No.18909 of 2025. Accordingly, the Civil Miscellaneous Petition in C.M.P.No. 18909 of 2025 is allowed.

5. Since mother of the deceased 3 rd respondent is already on record as 1 st respondent, there is no abatement arise. Therefore, the petitions filed to condone delay and to set aside the abatement are unnecessary. Hence, the petitions in C.M.P.Nos. 18906 and 18907 of 2025 are dismissed.

6. Registry is directed to carry out necessary amendment in the cause title. List the Civil Revision Petition for final disposal on 16.12.2025. 04-12-2025 RPP To Addl. Subordinate Judge, Ponneri.

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S.SOUNTHAR J.

RPP CMP NOS. 18906, 18907 & 18909 OF 2025 & CMP NO. 3181 OF 2024 AND CRP No. 639 of 2024 __________Page 6 of 7

04-12-2025 __________Page 7 of 7