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Madras High CourtCMP/14280/2025allowed

Anandam (Died) 1. Saroja v. Arivazhagan

2025-07-23Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN C.M.P.Nos.14280, 14282 and 14283 of 2025 in A.S. No.784 of 2023 Anandam (Died) Saroja Namasivayam (Died) Paramasivam Kodeeswaran (Died) Ganesan Mani 5.

Ariswaran 6.

Malarvizhi 7.

Asalam Niruthiyan 8.

Preethamji Vidhya 9.

Rajeswari

10. Devaki

11. Valarmathi

12. Thenthuli

13. Hemalatha

14. Priyadarshini

15. Venkatesh ... Petitioners/ Appellants 1,3 to 16/ Plaintiffs

16. Poongodi

17. Poongundran Namachivayam

18. Poonguzhali Gopinath ... Petitioners/ Proposed Appellants -vs-

Arivazhagan Ramesh Kanthimathi The Tahsildar, Thittakudi, Cuddalore District.

5.

The Revenue Divisional Officer, Vridhachalam Division, Vridhachalam Taluk, Cuddalore District.

6.

The State of Tamil Nadu, by the Collector, Cuddalore District, Cuddalore - 607001.

... Respondents/ Respondents/ Defendants Prayer:

These Civil Miscellaneous Petitions are filed to condone the delay of 350 days in filing the petition for setting aside the abatement caused due to the death of the second appellant/ plaintiff in this appeal, to set aside the abatement in respect of the death of the second appellant/ plaintiff and to bring the legal representatives of the deceased second appellant/ plaintiff on record. For Petitioners :

Mr. Akash Srinanda V.

For RR 1 to 3 :

Mr. G. Surya Narayanan ******

ORDER

These Civil Miscellaneous Petitions are filed to condone the delay of 350 days in filing the petition for setting aside the abatement caused due to the death of the second appellant/ plaintiff in this appeal, to set aside the abatement in respect of the death of the second appellant/ plaintiff and to bring the legal representatives of the deceased second appellant/ plaintiff on record. The learned Government Advocate takes notice for R4 to R6. For R1 to R3, already the learned counsel has entered appearance. The petition to set aside the abatement caused due to death of the second appellant/ plaintiff and to bring the Legal heirs of the deceased second appellant/ plaintiff on record is filed with a delay of 350 days.

Considering the reasons stated for the delay and the fact that the appeal has been filed by 16 appellants and the abatement caused due to death of only one of the appellant namely Namasivayam, these applications are allowed, thereby the petitioners 16 to 18 herein are implicated as appellants 17 to 19 in the main appeal.

Dr. G. JAYACHANDRAN, J., stn Accordingly, these civil miscellaneous petitions are allowed. Registry is directed to carry out the necessary amendment in the cause title and list the matter for final disposal on 11.08.2025. 23-07-2025 stn To The III Additional District and Sessions Judge, Vridhachalam.

The Tahsildar, Thittakudi, Cuddalore District.

The Revenue Divisional Officer, Vridhachalam Division, Vridhachalam Taluk, Cuddalore District.

The State of Tamil Nadu, by the Collector, Cuddalore District, Cuddalore - 607001.

C.M.P.Nos.14280, 14282 and 14283 of 2025 in A.S. No.784 of 2023