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Madras High CourtCMP/13462/2025ordered

Ramaswamy Naidu (Since Deceased) 1. R. Radha Krishnan v. Srinivasan

2025-07-11Honourable Mrs.Justice N. Mala19 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA AND CMP NO. 13475 OF 2025,CMP NO. 13482 OF 2025,CMP NO. 13479 OF 2025,CMP NO. 12444 OF 2021,CMP NO. 13456 OF 2025,SA NO. 2080 OF 2002,CMP NO. 13458 OF 2025

1. Ramaswamy Naidu (Since Deceased)

1. R. Radha Krishnan S/o. Late. V. Ramaswamy Naidu, No.2291, Nallagounderpalayam, Disitrict. and another

2. R. Subramani S/o. Late. V. Ramaswamy Naidu, No.2291, Nallagounderpalayam, Disitrict.

Appellant(s) Vs

1. Srinivasan 2.Manoharan

3.Saraswathi 4.Palaniswami 5.K. Perumal (Since Deceased) 5.

District. Nagammal (Since Deceased) Respondent(s) CMP No. 13475 of 2025

1. Nagammal (died) 1. Kuppusamy S/o. Late Varadhappa Naidu, Ramasamudram, Solakalipalayam, Chennasamudram Village, Kodumudi Taluk, Periyar District.

Appellant(s) Vs

1. SRINIVASAN

2.MANOHARAN 3.SARASWATHI 4.PALANISWAMI 5.K. Perumal (since Deceased) 5.

District. Ramaswamy Naidu (Since Deceased) Respondent(s) CMP No. 13482 of 2025

1. Nagammal (died) 1. Kuppusamy S/o. Late Varadhappa Naidu, Ramasamudram, Solakalipalayam, Chennasamudram Village, Kodumudi Taluk, Periyar District Appellant(s) Vs

1. SRINIVASAN

2.MANOHARAN 3.SARASWATHI 4.PALANISWAMI 5.K. Perumal (since Deceased) 5.

District. Ramaswamy Naidu (Since Deceased) Respondent(s) CMP No. 13479 of 2025

1. Nagammal (died) 1. Kuppusamy S/o. Late Varadhappa Naidu, Ramasamudram, Solakalipalayam, Chennasamudram Village, Kodumudi Taluk, Periyar District Appellant(s) Vs

1. SRINIVASAN 2.MANOHARAN 3.SARASWATHI 4.PALANISWAMI 5.K. Perumal (since Deceased) 5.

District. Ramaswamy Naidu (Since Deceased) Respondent(s) CMP No. 12444 of 2021

1. SRINIVASAN S/o.Kuppusamy Naidu Pilikalpalayam Paramathi Velur Tk, Namakkal District.

2.MANOHARAN S/o.Kuppusamy Naidu

Pilikalpalayam Paramathi Velur Tk, Namakkal District.

3.SARASWATHI S/o.Kuppusamy Naidu Pilikalpalayam Paramathi Velur Tk, Namakkal District.

4.PALANISWAMI S/o.Kuppusamy Muthuraja Pilikalpalayam Paramathi Velur Tk, Namakkal District.

Appellant(s) Vs

1. K.Perumal (since Deceased) Since Deceased 2.PAPPAYEE W/o.Late.K.Perumal Pilikalpalayam Paramathi Velur Tk, Namakkal 3.Ramaswamy Naidu (since Deceased) Since Deceased 4.Nagammal (since Deceased) Since Deceased Respondent(s) CMP No. 13456 of 2025

1. Ramaswamy Naidu (Since Deceased)

1. R. Radha Krishnan S/o. Late. V. Ramaswamy Naidu, No.2291, Nallagounderpalayam,

Disitrict.

2.R. Subramani S/o. Late. V. Ramaswamy Naidu, No.2291, Nallagounderpalayam, Disitrict.

Appellant(s) Vs

1. Srinivasan 2.Manoharan 3.Saraswathi 4.Palaniswami 5.K. Perumal (Since Deceased) 5.

District. Nagammal (Since Deceased) Respondent(s) SA No. 2080 of 2002

1. K.Perumal S/o.Kupusamy Naidu Pilikalpalayam Paramathi Vellur Tk Appellant(s) Vs

1. SRINIVASAN S/o.Kuppusamy Naidu Palikalpalayam Paramathi Velur Tk 2.MANOHARAN 3.SARASWATHY 4.Ramasamy Naidu 5.NAGAMMAL 6.PALANISAMY Respondent(s) CMP No. 13458 of 2025

1. Ramaswamy Naidu (Since Deceased)

1. R. Radha Krishnan S/o. Late. V. Ramaswamy Naidu,

No.2291, Nallagounderpalayam, Disitrict.

2.R. Subramani S/o. Late. V. Ramaswamy Naidu, No.2291, Nallagounderpalayam, Disitrict.

Appellant(s) Vs

1. Srinivasan 2.Manoharan 3.Saraswathi 4.Palaniswami 5.K. Perumal (Since Deceased) 5.

District. Nagammal (Since Deceased) Respondent(s) For Petitioners(s):

N.R.P.Ayyanar For Respondent(s):

Notice Ordered To The Proposed Respdts Orderd Dt.18/06/2025 ----------- Proposed Respts Are Petitioners 1 And 2 Incmps. 13462, 13458, 13456 , 13475, 13479, 13482/2025 M/s. N.R.P. Ayyanar For The Proposed Respdts ( Vakalat Filed) Pvt.Notice ( Proposed Respts) ---- Aos Not Filed( Aos Filed Reg R5) COMMON ORDER (1)CMP.Nos.13456, 13458 and 13462/2025 are filed by the petitioners / appellants to condone the delay of 5591 days in filing the petition to set aside the abatement caused due to the death of the 3rd respondent ; to set aside abatement and to bring on record the proposed respondents 5 and 6 / LRs of the deceased 3rd respondent as respondents 5 and 6 in the above Second Appeal.

(2)CMP.Nos.13475, 13479 and 13482/2025 are filed by the petitioners / appellants to condone the delay of 3192 days in filing the petition to set aside the abatement caused due to the death of the 4th respondent ; to set aside abatement and to bring on record the proposed 7th respondent / LR of the deceased 4th respondent as the 7th respondent in the above Second Appeal. (3)The relationship between the parties is not disputed. Being satisfied with the reasons stated in the respective affidavits filed in support of CMP.Nos.13456 and 13475/2025, the delay of 5591 days and 3192 days is condoned and the petitions are ordered.

(4)Consequently, CMP.Nos.1348, 13462, 13479 and 13482/2025 are also ordered.

(5)Registry is directed to carry out necessary amendment in the cause title. 11-07-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Srinivasan 2.Manoharan 3.Saraswathi 4.Palaniswami 5.K. Perumal (Since Deceased) 5.

District. Nagammal (Since Deceased) CMP No. 13475 of 2025 To

1.SRINIVASAN 2.MANOHARAN 3.SARASWATHI 4.PALANISWAMI 5.K. Perumal (since Deceased) 5.

District. Ramaswamy Naidu (Since Deceased) CMP No. 13482 of 2025 To 1.SRINIVASAN

2.MANOHARAN 3.SARASWATHI 4.PALANISWAMI 5.K. Perumal (since Deceased) 5.

District. Ramaswamy Naidu (Since Deceased) CMP No. 13479 of 2025 To 1.SRINIVASAN 2.MANOHARAN

3.SARASWATHI 4.PALANISWAMI 5.K. Perumal (since Deceased) 5.

District. Ramaswamy Naidu (Since Deceased) CMP No. 12444 of 2021 To 1.K.Perumal (since Deceased) Since Deceased 2.PAPPAYEE W/o.Late.K.Perumal Pilikalpalayam Paramathi Velur Tk, Namakkal 3.Ramaswamy Naidu (since Deceased) Since Deceased 4.Nagammal (since Deceased) Since Deceased

CMP No. 13456 of 2025 To 1.Srinivasan 2.Manoharan 3.Saraswathi 4.Palaniswami 5.K. Perumal (Since Deceased) 5.

District. Nagammal (Since Deceased) SA No. 2080 of 2002 To 1.SRINIVASAN S/o.Kuppusamy Naidu

Palikalpalayam Paramathi Velur Tk 2.MANOHARAN 3.SARASWATHY 4.Ramasamy Naidu 5.NAGAMMAL 6.PALANISAMY CMP No. 13458 of 2025 To 1.Srinivasan 2.Manoharan 3.Saraswathi

4.Palaniswami 5.K. Perumal (Since Deceased) 5.

District. Nagammal (Since Deceased)

N.MALA J.

AP AND CMP NO. 13475 OF 2025,CMP NO.

13482 OF 2025,CMP NO. 13479 OF 2025,CMP NO. 12444 OF 2021,CMP NO.

13456 OF 2025,SA NO.

2080 OF 2002,CMP NO.

13458 OF 2025 11-07-2025