A.N.Periasami Padayachi v. Renganayaki Ammal,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2026
CORAM
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP NOS.9201, 9203 AND 9205 OF 2026 IN S.A.NO.1856 OF 2003 1.A.N.Periasami Padayachi (Died) ...
1st Appellant in all CMPs'
2.A.P.Raja S/o. Late Periasami Padayachi Oogakur Village Post, Kunnam Taluk, Perambalur District.
...
1st Petitioner / 2nd Appellant in all CMPs'
3.S.Suguna (Died) ...
3rd Appellant in all CMPs'
Legal heirs of 3 rd appellant 4.Samy Kannu S/o. Chidambram 5.Indira D/o. Samy Kannu 6.Agilan (Minor) Represented by his father and Natural Guardian Velavan Page No. 1 of 6
7.Dhevesh (Minor) Represented by his father and Natural Guardian Velavan ...
Petitioners 4-7 / Proposed Appellant 4-7 in all CMPs'
Petitioners 4 to 7 are residing at No.1/5/3, West Street, Agaram Sigoor, Kunnam Taluk, Perambalur District.
Versus
1.Renganayaki Ammal (Died) 2.R.Kumar S/o. Late Raju Chettiar Avinangudi Village, Thittakudi Vattam, Cuddalore District.
...
Respondents / Proposed Respondents in all CMPs'
PRAYER IN CMP NO.9201 / 2026: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, 1963, praying to condone the delay of 1089 days in setting aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal. PRAYER IN CMP NO.9203 / 2026: Civil Miscellaneous Petition filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal.
PRAYER IN CMP NO.9205 / 2026: Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the petitioners 4 to 7 herein as legal representatives of the deceased third appellant namely S.Suguna and array them as appellants 4 to 7 in the above Second Appeal.
For Petitioners in all CMPs'
:
Mr.K.A.Vimalkumar
COMMON ORDER The Civil Miscellaneous Petition in CMP No.9201 of 2026 has been filed under Section 5 of Limitation Act, 1963, praying to condone the delay of 1089 days in setting aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal. 2.The Civil Miscellaneous Petition in CMP No.9203 of 2026 has been filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal. 3.The Civil Miscellaneous Petition in CMP No.9205 of 2026 has been filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the petitioners 4 to 7 herein as legal representatives of the deceased third appellant namely S.Suguna and array them as appellants 4 to 7 in the above Second Appeal. Page No. 3 of 6
4.This Court has perused the case file.
5.Having satisfied with the reasons stated in the accompanying affidavits, (i) the petition in CMP No.9201 of 2026 is allowed and the delay of 1089 days in seeking to set aside the abatement caused due to the death of the third appellant in the above Second Appeal is condoned; (ii) the petition in CMP No.9203 of 2026 is allowed and the abatement caused due to the death of the deceased third appellant is set aside;
(iii) the petition in CMP No.9205 of 2026 is allowed and the legal representatives of the deceased third appellant as stated in the accompanying affidavit in CMP No.9205 of 2026 are brought on record.
6.Registry is directed to carry out necessary amendment in the cause title in the Memorandum of Grounds of Appeal and list the Second Appeal on 05.06.2026.
08.04.2026 (1/7) TK Page No. 5 of 6
R. SAKTHIVEL, J.
TK CMP NOS.9201, 9203 AND 9205 OF 2026 IN S.A.NO.1856 OF 2003 08.04.2026 (1/7)