Madras High CourtCMP/24098/2024delay condoned

Michel v. Arokiasamy (Died) 1. Chinnappan

2024-12-13Honourable Mr.Justice C.Kumarappan4 pages

CMP. 24098 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-12-2024

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP. 24098 of 2024 , CMP. 24102 OF 2024, CMP. 24104 OF 2024 & CMP. 24100 OF 2024 in SA. 892 OF 2012 CMP. No.24098 OF 2024 MICHEL S/O. LATE ANTHONY, MAYANUR VILLAGE, SANGARAPURAM TK, KALLAKURICHI, AROKIADOSS (DIED), ESSAC (DIED). APPELLANT(S) Vs AROKIASAMY (DIED) 1. CHINNAPPAN S/O. RAJU @ DEIVASAGAYAM, RES.AT MAYANUR VILLAGE, SANGARAPURAM TK, KALLAKURICHI.

RESPONDENT(S) CMP. 24100 of 2024 MICHEL S/O. LATE ANTHONY, MAYANUR VILLAGE, SANGARAPURAM TK, KALLAKURICHI, AROKIADOSS (DIED), ESSAC (DIED) AND 10 OTHERS APPELLANTS(S) Vs AROKIASAMY (DIED) 1. CHINNAPPAN S/O. LATE ANTHONY, MAYANUR VILLAGE, SANGARAPURAM TK, KALLAKURICHI, AROKIADOSS (DIED), ESSAC (DIED) AND 5 OTHERS RESPONDENT(S) CMP. 24102 of 2024

MICHEL S/O. LATE ANTHONY, MAYANUR VILLAGE, SANGARAPURAM TK, KALLAKURICHI, AROKIADOSS (DIED), ESSAC (DIED) AND 10 OTHERS APPELLANT(S) Vs AROKIASAMY (DIED) 1. CHINNAPPAN S/O. LATE ANTHONY, MAYANUR VILLAGE, SANGARAPURAM TK, KALLAKURICHI, AROKIADOSS (DIED), ESSAC (DIED) AND 5 OTHERS RESPONDENT(S) CMP. 24104 of 2024 MICHEL S/O. LATE ANTHONY, MAYANUR VILLAGE, SANGARAPURAM TK, KALLAKURICHI, AROKIADOSS (DIED), ESSAC (DIED) AND 10 OTHERS APPELLANT(S) Vs AROKIASAMY (DIED) 1. CHINNAPPAN S/O. LATE ANTHONY, MAYANUR VILLAGE, SANGARAPURAM TK, KALLAKURICHI, AROKIADOSS (DIED), ESSAC (DIED) AND 5 OTHERS RESPONDENT(S) Prayer in C.M.P.No.24098 of 2024:- Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, to condone the delay of 1675 days in seeking to set aside the abatement caused due to the death of the deceased/2nd appellant Arokiadoss in S.A.No.892 of 2012.

Prayer in C.M.P.No.24100 of 2024:- Civil Miscellaneous Petition filed under Order XXII Rule 9 of the CPC, to set aside the abatement caused due to the death of the 2nd appellant Arokiadoss in S.A.No.892 of 2012.

Prayer in C.M.P.No.24102 of 2024:- Civil Miscellaneous Petition filed under Order XXII Rule 3 of the CPC, to bring the petitioners 3 to 6 herein as the legal representatives of the deceased/2nd appellant Arokiadoss in the above Second Appeal and rank them as Appellants 5 to 8 in S.A.No.892 of 2012. Prayer in C.M.P.No.24104 of 2024:- Civil Miscellaneous Petition filed under Order

XXII Rule 3 of the CPC, to bring the petitioners 7 to 11 herein as the legal representatives of the deceased/3rd appellant Essac in the above Second Appeal and rank them as Appellants 9 to 13 in S.A.No.892 of 2012. For Appellant(s):

S.M.S. SHRIRAM NARAYANAN M/S.P.VALLIAPPAN S.M.S.SHRIRAM NARAYANAN M.MADHAN KUMAR A3 - DIED (STEPS DUE) For Respondent(s):

R1 - DIED (STEPS TAKEN) M/S.R.MEENAL G.INDIRA T.SEZHIAN-MS/2025/2000 FOR RR2 TO 7 COMMON ORDER Civil Miscellaneous Petition No.24098 of 2024 has been filed seeking to condone the delay of 1675 days in filing the petition to set aside the abatement caused due to the death of the 2nd appellant Arokiadoss in S.A.No.892 of 2012. 1.1. Civil Miscellaneous Petition No.24100 of 2024 has been filed seeking to set aside the abatement caused due to the death of the 2nd appellant Arokiadoss in S.A.No.892 of 2012.

1.2. Civil Miscellaneous Petition No.24102 of 2024 has been filed seeking to bring the petitioners 3 to 6 herein as the legal representatives of the deceased/2nd appellant Arokiadoss in the above Second Appeal and rank them as Appellants 5 to 8 in S.A.No.892 of 2012.

1.3. Civil Miscellaneous Petition No.24104 of 2024 has been filed seeking to bring the petitioners 7 to 11 herein as the legal representatives of the deceased/3rd appellant Essac in the above Second Appeal and rank them as Appellants 9 to 13 in S.A.No.892 of 2012.

2. There are no serious objections on behalf of the respondents.

3. Having considered the submissions made by the learned counsel for the petitioners and having considered the petitioners' affidavits in support of these petitions, it is appropriate to allow these miscellaneous petitions.

4. In the result, these miscellaneous petitions are allowed. 13-12-2024 KV Note: Registry is directed to carry out necessary amendments in the Second Appeal pursuant to the aforesaid order and post the above Second Appeal after Christmas vacation.