K. Soundarajan v. Kandasamy Gounder (Died) 1. Dhanalakshmi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.Nos.27847, 27851 & 27852 of 2024 in A.S.No.115 of 2017 K.Soundarajan ... Petitioner / Appellant in all CMPs Vs.
Kandasamy Gounder (Died) Angammal (Died) K.Selvaraj (Died)
1. Dhanalakshmi
2. Velumani ... Respondents / Respondents in all CMPs
3. Kavipriya
4. Karthikeyan (Minor) (Rep.by his legal heir and natural guardian Dhanalakshmi) ... Proposed Respondents / Respondents in all CMPs PRAYER IN CMP.No.27847 of 2024 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 758 days to implead the 6th and 7th respondents as necessary respondents in A.S.No.115 of 2017.
PRAYER IN CMP.No.27851 of 2024 : This Civil Miscellaneous Petition filed under Order XXII Rule 1 & 2 of CPC, 1908, praying to set aside the abatement caused due to the death of the third respondent, K.Selvaraj in A.S.No.115 of 2017.
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PRAYER IN CMP.No.27852 of 2024 : This Civil Miscellaneous Petition filed under Order XXII Rule 3 of CPC, 1908, praying to implead the proposed respondents 6 and 7 as necessary respondents 6 & 7 in A.S.No.115 of 2017.
For Petitioner :
Mr.S.Venkatesh in all CMPs For Respondents : Mr.V.Chinnasamy for R1 : Mr.A.E.Ravichandran for R2 COMMON ORDER CMP.No.27847 of 2024 has been filed to condone the delay of 758 days to implead the 6th and 7th respondents as necessary respondents in A.S.No.115 of 2017.
2. CMP.No.27851 of 2024 has been filed to set aside the abatement caused due to the death of the third respondent, K.Selvaraj in A.S.No.115 of 2017.
3. CMP.No.27852 of 2024 has been filed to implead the proposed respondents 6 and 7 as necessary respondents 6 & 7 in A.S.No.115 of 2017.
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4. Heard S.Venkatesh, learned counsel on record for the petitioner and Mr.V.Chinnasamy, learned counsel on record for the first respondent and Mr.A.E.Ravichandran, learned counsel on record for the second respondent.
5. On being satisfied with the reasons stated in the affidavits filed in support of these petitions and also considering the submissions made on either side, this Court is inclined to allow these petitions. Accordingly, these petitions are allowed without costs.
14.07.2025 av Note: Registry is directed to carry out the amendments in the appeal papers.
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R.SAKTHIVEL, J.
av CMP.Nos.27847, 27851 & 27852 of 2024 in A.S.No.115 of 2017 14 / 07 / 2025 (1/4) Page No.4 of 4