Madras High CourtCMP/10967/2022allowed

Thandavarayan v. Paranidaran

2025-07-24Honourable Mr Justice C.V. Karthikeyan2 pages

CMP Nos.10967, 10970 & 10974 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN CMP Nos.10967, 10970 & 10974 of 2022 in S.A.No.1166 of 2009 Thandavarayan (Deceased) and 6 Others Petitioners in all petitions Vs Paranidaran, Repd. by his father and power Agent Pasupathy No.18, Mariamman Koil Street, Kundupalayam, Thattanchavady Post, Puducherry and 2 Others Respondents in all petitions In all cases For Appellant(s):

Ms.V.Srimathi For Respondent(s):

Mr.T.Sai Krishnan COMMON ORDER These applications have been filed to condone the delay of 104 days in filing the petition to set aside abatement caused due to the death of the sole appellant and to set aside abatement and to bring on record the legal representatives of the respondents 2 to 7 in the Second Appeal.

2. In the affidavit filed in support of the applications, it had been stated that the appellant died on 17.08.2021 and though there was a C.V. KARTHIKEYAN,J., 1/2 https://www.mhc.tn.gov.in/judis

CMP Nos.10967, 10970 & 10974 of 2022 vum time limit to file the application, owing to not being aware of the legal implications, there has been a delay in filing the applications. At any rate, the Second Appeal had been admitted and substantial questions of law had also been framed. This casts a duty on the Court to answer the substantial questions of law.

4. Further the learned counsel for the respondents also stated that he would like to get instructions, but the learned counsel would be heard when the second appeal is heard.

5. These applications are allowed and the delay in filing the application to set aside abatement stands condoned. The abatement is set aside and the legal representatives as stated in the applications to be brought on record as further appellants in the second appeal. 24-07-2025 (1⁄2) vum Note: Registry is directed to carry out necessary amendment in the cause title CMP Nos.10967, 10970 & 10974 of 2022 in S.A.No.1166 of 2009 2/2 https://www.mhc.tn.gov.in/judis