Gokulakrishnan v. Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.06.2026 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA C.M.P.No.19325 of 2025 and C.M.P.Nos.14308 and 14310 of 2026 in S.A.No.1140 of 2010 ---

1. Amaresan (died)

2. Gokulakrishnan

3. Girivasan .. Petitioners in C.M.P.Nos.14308 and 14310 of 2026 Amaresan (died)

1. Gokulakrishnan

2. Girivasan .. Petitioner in C.M.P.No.19325 of 2025 Vs.

1. Babu

2. Dhayalan

3. Usha

4. Shanthi

5. Raja

6. Lakshmipathi

7. Bharath

8. Chandra ..Respondents in all the CMPS.

Civil Miscellaneous Petition No.14308 of 2026 is filed under Section 5 of the Limitation Act, praying to condone the delay of 840 days in filing the petition to set aside the abatement caused due to the death of the deceased Amaresan as appellants in the above Second Appeal.

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Civil Miscellaneous Petition No.14310 of 2026 is filed under Order XXII Rule 9 of the CPC praying to set aside the abatement caused due to the death of the Amaresan in the above Second Appeal.

Civil Miscellaneous Petition No.19325 of 2025 is filed under Order XXII Rule 3 of the CPC praying to bring the petitioners herein on record as appellants in the above Second Appeal.

For petitioners in all CMPs. : Mr.T.P.Prabakaran For respondents in all CMPs.: Mr.N.S.Sivakumar COMMON ORDER Upon hearing learned counsel appearing for the parties and on being satisfied with the reasons stated in the affidavits filed in support of these petitions, these petitions are allowed.

2. Registry is directed to carry out necessary amendment in the Memorandum of Grounds of Second Appeal and list the Second Appeal for further hearing in the first week of July 2026.

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N.MALA, J cs C.M.P.No.19325 of 2025 and C.M.P.Nos.14308 and 14310 of 2026 in S.A.No.1140 of 2010 12.06.2026 3 / 3