Palanisami v. Subbammal, Wife Of Pungar Duraisami.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-07-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU CMP NO. 1962 of 2025 CMP NO. 1949 OF 2025,CMP NO. 1957 OF 2025 in SA NO. 217 OF 2018 PALANISAMI S/o. Nanjappa Gounder, Thotta Salai, Thayirpallampudur, Ikkarai Thathapalli Village, Sathyamangalam Tk, Erode Dt.

Appellant(s) Vs SUBBAMMAL, Wife of Pungar Duraisami.

Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk. and 9 Others Respondent(s) SA NO. 217 of 2018 PALANISAMI S/o. Nanjappa Gounder, Thotta Salai, Thayirpallampudur, Ikkarai Thathapalli Village, Sathyamangalam Tk, Erode Dt.

Appellant(s) Vs SUBBAMMAL W/o. Pungar Duraisami, All Are Res At Thayipallampudur, Ikkarai Thathappalli Village, Sathyamangalam Tk, Erode Dt. and 3 Others Respondent(s) 1/10

CMP NO. 1949 of 2025 PALANISAMI S/O LATE. NANJAPPA GOUNDER, Residing at THOTTA SALAI, THAYIRPALLAMPUDUR, IKKARAI THATHAPALLI VILLAGE, SATHYAMANGALAM TK, ERODE DT.

Appellant(s) Vs SUBBAMMAL, W/o.Pungar Duraisami, Thayirpallampudur, Ikkarai Thathappallai Village, Sathyamangalam Taluk. and 9 Others Respondent(s) CMP NO. 1957 of 2025 PALANISAMI S/o. Nanjappa Gounder, Thotta Salai, Thayirpallampudur, Ikkarai Thathapalli Village, Sathyamangalam Tk, Erode Dt.

Appellant(s) Vs SUBBAMMAL, Wife of Pungar Duraisami Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk. and 9 Others Respondent(s) For Appellant(s):

M/s.Ma.P.Thangavel For Respondent(s):

Mr.S.M.S.Shriram Narayanan for rr1 to 3 COMMON ORDER All the above petitions were filed to condone the delay of 817 days in filing

the petition to set aside the abatement caused by the death of the 4th respondent, Pujjappa Gounder in the second appeal; to set aside the abatement caused due to the death of the 4th respondent and to bring on record the respondents 4 to 10 as legal representatives of 4th respondent and array them as respondents 5 to 9 in the second appeal.

2. Learned counsel for the petitioner had produced the copy of the Death Certificate of the 4th respondent, Pujjappa Gounder and also the legal heir certificate of the deceased.

3. A perusal of the legal heir certificate of the deceased 4th respondent reveals that the proposed respondents are the legal heirs of the deceased 4th respondent.

4. In such view of the matter, C.M.P.No.1962 of 2025 is ordered as prayed for and the delay of 817 days is condoned.

3/10

5. The abatement caused due to the death of the 4th respondent, Pujjappa Gounder is set aside and hence, C.M.P.No.1949 of 2025 is ordered as prayed for.

6. The respondents 4 to 10 in C.M.P.No.1949 of 2025 are ordered to be brought on record as Legal Representatives of the deceased 4th respondent, as respondents 5 to 9 in the Second Appeal and the petition in C.M.P.No.1949 of 2025 is ordered as prayed for.

7. Registry is directed to carry out the necessary amendments in the second appeal. Notice to the newly impleaded respondents returnable by 08.08.2025. Private notice is also permitted.

8. List the matter on 08.08.2025.

09-07-2025 msv

CMP NO. 1962 of 2025 To

1. SUBBAMMAL, Wife of Pungar Duraisami.

Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk.

2. Saraswathi, Wife of Rangasami, Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk.

3. Muthammal Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk.

Nanjammal (Died) Pujjappa Gounder (Died on 07.04.2020) (Nagaraj-1st Son Died)

4. N.Mallika, Wife of Late.Nagaraj No.300, MallikaThottam, Rajiv Nagar, Chikarasampalayam, Sathyamangalam Taluk, Erode District.

5. N.Chandran, Son of Late.Nagaraj No.300, MallikaThottam, Rajiv Nagar, Chikarasampalayam, Sathyamangalam Taluk, Erode District.

6. N.Jayapal, Son of Late.Nagaraj No.300, MallikaThottam, Rajiv Nagar, Chikarasampalayam, Sathyamangalam Taluk, 5/10

Erode District.

(Raj Gowder-2nd Son-Died)

7. R.Bakiyam, wife of Late Raj Gowder Thayirpallampudur, Ikkarai Thathappalli Village, Bhavani Sagar Via, Sathyamangalam Taluk.

8. R.Prema, Daughter of Late Raj Gowder Thayirpallampudur, Ikkarai Thathappalli Village, Bhavani Sagar Via, Sathyamangalam Taluk.

9. P.Nanjayan, Son of Late Pujjappa Gounder, No.330, Thayirpallampudur, Ikkarai Thathappalli Village, Bhavani Sagar Via, Sathyamangalam Taluk.

Erode District 638451.

10. Rathi, Daughter of Late Pujjappa Gounder 324, Gandhi Nagar, Rajan Nagar, Bannari, Sathyamangalam Taluk, Erode District 638401.

SA NO. 217 of 2018

1. SUBBAMMAL W/o. Pungar Duraisami, All Are Res At Thayipallampudur, Ikkarai Thathappalli Village, Sathyamangalam Tk, Erode Dt.

2. SARASWATHI W/o. Rangasami

3. MUTHAMMAL W/o. Arulmani

4. Nanjammal (died)

4. Pujjappa Gounder, S/o. Nanjunda Gounder

CMP NO. 1949 of 2025

1. SUBBAMMAL, W/o.Pungar Duraisami, Thayirpallampudur, Ikkarai Thathappallai Village, Sathyamangalam Taluk.

2. Saraswathi, Wife of Rangasami Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk.

3. Muthammal, Wife of Arulmani Thayirpallampudur, Ikkarai Thathappallai Village, Sathyamangalam Taluk. Nanjammal (Died), Pujjappa Gounder, (Died on 07.04.2020) (Nagaraj-1st son-Died)

4. N.Mallika, Wife of Late.Nagaraj No.300, Mallika Thottam, Rajiv Nagar, Chikarasampalayam, Sathyamangalam Taluk, Erode District.

5. N.Chandran, Son of Late.Nagaraj, No.300.Mallika Thottam, Rajiv Nagar, Cikarasampalayam, Sathyamangalam Taluk, Erode District.

6. N.Jayapal, Son of Late.Nagaraj No.300.Mallika Thottam, Rajiv Nagar, Cikarasampalayam, Sathyamangalam Taluk, Erode District.

7. R.Bakiyam, Wife of Late Raj Gowder, Thayirpallampudur, Ikkarai Thathappalli Village, Bhavani Sagar Via, Sathyamangalam Taluk.

8. R.Prema, Daugher of Late Raj Gowder Thayirpallampudur, Ikkarai Thathappalli Village, Bhavani Sagar Via, Sathyamangalam Taluk.

9. P.Nanjayan 7/10

Son of Late Pujjappa Gounder, Residing at 330, Thayirpallam,Ikkarai Thathappalli Village, Sathyamangalam Taluk, Erode District-638451.

10. Rathi, Daughter Late Pujjappa Gounder, Residing at 324, Gandhi Nagar, Rajan Nagar, Bannari, Sathyamangalam Taluk, Erode District - 638401. CMP NO. 1957 of 2025

1. SUBBAMMAL, Wife of Pungar Duraisami Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk.

2. Saraswathi, Wife of Rangasami Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk.

3. Muthammal, Wife of Arulmani Thayirpallampudur, Ikkarai Thathappalli Village, Sathyamangalam Taluk.

Nanjammal (Died) Pujjappa Gounder, (Died on 07.04.2020) (Nagaraj-1st sond Died)

4. N.Mallika, Wife of Late.Nagaraj No.300, Mallika Thottam, Rajiv Nagar, Chikarasapalayam, Sathyamangalam Taluk, Erode District.

5. N.Chandran, Son of Late.Nagaraj No.300, Mallika Thottam, Rajiv Nagar, Chikarasapalayam, Sathyamangalam Taluk, Erode District.

6. N.Jayapal, Son of Late.Nagaraj

No.300, Mallika Thottam, Rajiv Nagar, Chikarasapalayam, Sathyamangalam Taluk, Erode District.

7. R.Bakiyam, Wife of Late Raj Gowder Thayirpallampudur, Ikkarai Thathappalli Village, Bhavani Sagar Via, Sathyamangalam Taluk.

8. R.Prema, Daughter of Late Raj Gowder, Thayirpallampudur, Ikkarai Thathappalli Village, Bhavani Sagar Via, Sathyamangalam Taluk.

9. P.Nanjayan, Son of Late Pujjappa Gounder, 330, Thayirpallam, Ikkarai Thathappalli Village, Bhavani Sagar Via, Sathyamangalam Taluk. Erode District 638451.

10. Rathi, Daughter of Late Pujjappa Gounder 324, Gandhi Nagar, Rajan Nagar, Bannari, Sathyamangalam Taluk, Erode District - 638401.

K.KUMARESH BABU,J.

msv CMP NO. 1962 of 2025 9/10

CMP NO. 1949 OF 2025,CMP NO. 1957 OF 2025 in SA NO. 217 OF 2018 09.07.2025