P.Govindaraj (Died) v. B.Bala Bhuvaneswari
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.06.2026 Coram:
THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.P.Govindaraj (deceased) (Died on 14.11.2025) Sathy Road, Ganapathy, Coimbatore - 6.
...Appellant 2.Rajamani W/o. Late Govindaraj, 13, Pazhaniyappa Nagar, 1, Sowripalayam, Coimbatore South, Coimbatore - 641 028.
3.Jothikumar Govindaraj S/o. Late Govindaraj, 13, Pazhaniyappa Nagar, 1, Sowripalayam, Coimbatore South, Coimbatore - 641 028.
...Proposed Petitioners 2 & 3/ Proposed Appellants 2 & 3 in both C.M.Ps
Versus
1.B.Bala Bhuvaneswari W/o. Balasundaram, Kollavadugam Thottam, Palladam Taluk.
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2.P.Ranganayakiammal Sathy Road, Ganapathy, Coimbatore - 6.
3.P.Jegannathan Sathy Road, Ganapathy, Coimbatore - 6.
4.G.Christoper Edison Sunder Singh S/o. J.Samuel Gnaniah, 45, Rajagopal Avenue, Thondamuthur Road, Vadavalli Via, Coimbatore Taluk, Coimbatore.
...Respondents/Respondents in both C.M.Ps
Prayer in C.M.P.No.11293 of 2026 in S.A.No.1741 of 2001: This Civil Miscellaneous Petition has been filed under Order XXII Rule 3 of Code of Civil Procedure, 1908 praying to bring on record the proposed appellants 2 and 3 namely Rajamani and Jothikumar Govindaraj the legal heirs of the deceased sole appellant in the above S.A.1741 of 2001 as party appellants in the above appeal.
Prayer in C.M.P.No.11300 of 2026 in S.A.No.1741 of 2001: This Civil Miscellaneous Petition has been filed under Order XXII Rule 9 of Code of Civil Procedure, 1908 praying to set aside the abatement caused due to the death of the sole appellant P.Govindaraj in the above S.A.No.1741 of 2001.
For Petitioners in both C.M.Ps :
Ms.Jayshree for Mr.S.Sundaresan For Respondent - 4 in both C.M.Ps :
Ms.G.Sri Jayashree for Mr.S.Arivazhagan 2/5
COMMON ORDER The Civil Miscellaneous Petition in C.M.P.No.11293 of 2026 has been filed under Order XXII Rule 3 of Code of Civil Procedure, 1908, praying to bring on record the Proposed Petitioners 2 & 3 viz., Rajamani and Jothikumar Govindaraj (legal heirs of the deceased sole Appellant in S.A.No.1741 of 2001) as Appellants in S.A.No.1741 of 2001.
2. The Civil Miscellaneous Petition in C.M.P.No.11300 of 2026 has been filed under Order XXII Rule 9 of Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of the sole Appellant in S.A.No.1741 of 2001.
3. Heard Ms.Jayshree, representing Mr.S.Sundaresan, Counsel on record for the Proposed Petitioners and Ms.G.Sri Jayashree, representing Mr.S.Arivazhagan, Counsel on record for the 4th Respondent.
4. Representing Counsel for the 4th Respondent submitted that Counsel on record has no objection for these petitions being allowed. 3/5
5. This Court has perused the case files.
6. Having satisfied with the reasons stated in the accompanying affidavits, (i) the Petition in C.M.P.No.11293 of 2026 is allowed and the Proposed Petitioners 2 & 3 are brought on record as Appellants in S.A.No.1741 of 2001.
(ii) the Petition in C.M.P.No.11300 of 2026 is allowed and the abatement caused due to the death of sole Appellant in S.A.No.1741 of 2001 is set aside.
7. Registry is directed to carry out necessary amendment in the cause title in the Memorandum of Grounds of Appeal and list S.A.No.1741 of 2001 on 15.06.2026.
01.06.2026 mrr Index: Yes/No 4/5
R.SAKTHIVEL, J.
mrr 01.06.2026 5/5