Thanjammal v. V. Panjalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR in S.A.No.195 of 2020 1.Thanjammal Jayaraman (died) 2.Rani 3.J.Siva 4.J.Kannan 5.Vanaja

...Petitioners

Vs.

1.V.Panjalai 2.V.Perumal 3.V.Kandan 4.V.Sudhakar

...Respondents

Prayer :

Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, to condone the delay of 1509 days in filing the petition to set aside the abatement caused due to the death of the 2nd appellant late Jayaraman in the above S.A.No.195 of 2020.

For Petitioners : M/S.R.Arthi For Respondents : Mr.G.Jermiah

ORDER

Page No. 1 of 3

This petition has been filed to condone the delay of 1233 days in filing the petition to set aside the abatement caused due to the death of the 2nd appellant late Jayaraman in main appeal.

2. According to the petitioners, the death of the 2nd appellant was only recently intimated to the counsel, as the deceased appellant was earlier contested the appeal, she was not able to contact and inform the counsel on record. It was only belatedly, when the counsel for the appellant contacted the petitioners that they came to know about the steps to be taken. Consequently, they have filed this petition to set aside the abatement. There is also a delay of 1509 days in filing this petition.

3.Mr.G.Jermiah, learned Counsel entered appearance for the respondents and he expressed that he has no objection for this petition being allowed.

4. The reasons adduced in the affidavit filed in support of this petition being satisfactory, this petition is ordered and thereby, the delay of 1509 days is condoned.

03.09.2025 mpa K.RAJASEKAR, J.

mpa Page No. 2 of 3

in S.A.No.195 of 2020 03.09.2025 Page No. 3 of 3