Arunachalam (Died) 1. Rani v. Raju (Died) 1. R. Dhanabakkiyam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL -- Arunachalam (Died) 1.Rani 2.Tamilarasi 3.Sangeetha 4.Dhinesh ..Petitioners [In all three petitions]

Versus

Raju (Died) 1.R.Dhanabakkiyam 2.R.Ushadevi 3.R.Meera .. Respondents [In all three petitions] CMP.No.17117 of 2025: filed under Section 5 of the Limitation Act, praying to condone the delay of 1075 days in filing the petition to set aside the abatement caused by the death of the deceased first appellant-Arunachalam in the Appeal Suit.

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CMP.No.17119 of 2025: filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908 praying to set aside the abatement caused by the death of the deceased first appellant-Arunachalam in the Appeal Suit. CMP.No.17120 of 2025: filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908 praying to bring on record the legal heirs (i)Tamilarasi, W/o.late.Arunachalam, (ii)Sangeetha, D/o.late.Arunachalam and (iii)Dhinesh, S/o.late.Arunachalam, the Respondent Nos.2 to 4 herein, residing at No.405, Ambethkar Colony, South Alagapuram, Salem-636 004, and the third respondent residing at No.2/246, Indhira Colony, Okkarai, Thuraiyur, Tiruchirappalli-621 008, as his legal heirs/legal representatives of the deceased first appellantArunachalam and rank them as the appellants 2 to 4 in the Appeal Suit. For Petitioners :

Ms.D.Sathya For Respondents :

I.Pragadeesh For Mr.S.Kaithamalaikumaran --- COMMON ORDER Ms.D.Sathya, learned Counsel on record for the petitioners and Mr.I.Pragadeesh, representing Mr.S.Kaithamalaikumaran, learned Counsel on record for the Respondent Nos.1 to 3 are before this Court. Page No.2/4

2.Representing Counsel for the Respondent Nos.1 to 3 has expressed "No Objection" in allowing these petitions.

3.This Court has perused the affidavit filed in support of these Civil Miscellaneous Petitions. In view of the reasons stated in the aforestated affidavits and submissions made on either side, this Court is inclined to allow these Civil Miscellaneous Petitions. Hence, these Civil Miscellaneous Petitions are allowed. 05.08.2025 MSM Note: Registry shall carryout the necessary amendment in the main Appeal Suit.

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R. SAKTHIVEL, J MSM 05.08.2025 Page No.4/4