Jaya v. Dhamodharasamy (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CMP No. 27855 of 2025 in SA No.4 of 2018

1. Jaya W/o.Srinivasa Naidu, Garden Site, Sambalmedu, Thirumoorthi Nagar Post, Udumalpet Tk, Tiruppur Dist. and 2 Others

2. Kavitha W/o.Nandhakumar, Pulanginar Mill Gate Udumalpet, Tiruppur Dist.

3. Chitra W/o.Nagaraj, Sambalmedu Farm House, Thirumoorthi Nagar Post, Udumalpet, Tiruppur Dist.

Appellant(s) Vs

1. Dhamodharasamy (Deceased)

1. D.Devarajulu, S/o.Dhamotharasamy Naidu, Durga Nagar, Poolankinar Village, Udumalpet Tk, Tiruppur Dist 642 112.

2.Radhakrishnan S/o.Dhamodharasamy Naidu, PAP Vaikkal Kilapuram, Deepalapatti Post, Dhali1/4

Aniamalai Road, Udumalpet Tk, Tiruppur Dist 642 207 Respondent(s) For Appellant(s):

N.Ponraj E.Shobana For Respondent(s):

Court Notice ------ M/s S.arjun J.prithivi For R1 Notice Sent To R2-service Awaited Reg R2 Pvt. Notice R-2 RADHAKRISHNAN S/o.Dhamodharasamy Naidu, PAP Vaikkal Kilapuram, Deepalapatti Post, Dhali-Aniamalai Road, Udumalpet Tk, Tiruppur Dist 642 DHAMODHARASAMY (DECEASED) 1. D.Devarajulu, S/o.Dhamotharasamy Naidu, Durga Nagar, Poolankinar Village, Udumalpet Tk, Tiruppur Dist 642 112.

ORDER

This petition has been filed by the petitioners to condone the delay of 1282 days in filing a petition to set aside the abatement caused due to the death of the first respondent in the above S.A. No.4 of 2018.

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2. According to the petitioners, they are the appellants in the main appeal. During the pendency of the appeal, the first respondent, Dhamodharasamy died and they are unable to take steps within stipulated time and there is a delay of 1282 days in filing the petition.

3. The other side have not seriously objected.

4. Considering the reasons stated in the affidavit and the number of days in filing the petition to set aside the abatement, this application is allowed and the delay of 1282 in filing the petition to set aside the abatement is hereby condoned. 27.02.2026 (1/3) mtl 3/4

P. DHANABAL , J.

mtl CMP No. 27855 of 2025 in SA No.4 of 2018 27.02.2026 4/4