Janakiraman Naidu (Died) 1.Santhi v. Bangaru Ammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.Nos.14969, 14970 & 14973 of 2025 in A.S.No.7 of 2021 Janakiraman Naidu (Died), Rep by his legal representative

1. Santhi

2. Rethinasamy

3. Harinalanarayani

4. Haridoss

5. Varashagobala Krishnan ... Petitioners / Proposed Appellants Vs.

Mohandoss Naidu (Died), Damodaran Naidu (Died)

1. Bangaru Ammal

2. Indira

3. Chandira

4. Ravi @ Ravichandiran (Respondents 1 to 4 are the legal heirs and representatives of the deceased Padmanaba Naidu.

Revathy (died)

5. Malliga

6. Dhanabal

7. Senthil Respondents 5 to 7 are the legal representatives of the deceased Ramadoss Naidu

8. Gunasekaran Paneerselvam (Died) Respondent 8 are the legal representatives of the deceased Kabirdoss Naidu Page No.1 of 5

9. Sooryaprakasa Valli

10. Akila

11. Sathiyakala

12. Sumathy

13. D.Suganthi Respondents 9 to 13 are the legal representatives for the deceased Revathy

14. R.Anusuya

15. S.Nirmala

16. R. Jeyanthi

17. D.Venkataraman Respondents 14 to 17 are legal representatives of the deceased Damodaran Naidu

18. R.Vasuki

19. G.Ratha

20. R.Manimegalai

21. S.M.Sowridass Respondents 18 to 21 are legal representatives of the deceased Mohandoss Naidu ... Respondents / Respondents PRAYER IN CMP.No.14969 of 2025 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 607 days in filing the above petition to set aside the abatement caused due to the death of the Appellant, Janakiraman Naidu in the above appeal suit in A.S.No.7 / 2011.

PRAYER IN CMP.No.14970 of 2025 : This Civil Miscellaneous Petition filed under Order XXII Rule 9 (2) of CPC, 1908, praying to set aside the abatement caused due to the death of the appellant,Janakiraman Naidu. PRAYER IN CMP.No.14973 of 2025 : This Civil Miscellaneous Petition filed under Order XXII Rule 3 of CPC, 1908, praying to bring on record Page No.2 of 5

the legal representatives of the deceased appellant Janakiraman Naidu namely the petitioners herein as appellants 2-6 in the above A.S.No.7 of 2021 pending on the file of the this Court.

For Petitioners :

Mr.T.Saikrishnan in all CMPs For Respondents :

Mr.R.Natarajan in all CMPs COMMON ORDER CMP.No.14969 of 2025 has been filed to condone the delay of 607 days in filing the above petition to set aside the abatement caused due to the death of the Appellant, Janakiraman Naidu in the above appeal suit.

2. CMP.No.14970 of 2025 has been filed to set aside the abatement caused due to the death of the appellant,Janakiraman Naidu.

3. CMP.No.14973 of 2025 has been filed to bring on record the legal representatives of the deceased appellant Janakiraman Naidu namely the petitioners herein as appellants 2 to 6 in the above appeal suit.

4. Heard Mr.T.Saikrishnan, learned counsel for the petitioners and Mr.R.Natarajan, learned counsel for the respondents. Page No.3 of 5

5. On being satisfied with the reasons stated in the affidavits filed in support of these petitions and also considering the submissions made on either side, this Court is inclined to allow these petitions. Accordingly, these petitions are allowed without costs.

03.07.2025 av Note: Registry is directed to carry out necessary amendment in the appeal papers.

Page No.4 of 5

R.SAKTHIVEL, J.

av CMP.Nos.14969, 14970 & 14973 of 2025 in A.S.No.7 of 2021 CMA NOS.423 AND 828 OF 2021 03 / 07 / 2025 (1/2) Page No.5 of 5