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Madras High CourtCMP/2107/2024allowed

M.Saranya v. T.Dhanalakshmi

2025-07-25Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.Nos.2107, 2109 & 2110 of 2024 in A.S.No.501 of 2018

1. M.Saranya

2. Minor Kiruba Kailash ... Petitioners / Appellants in all CMPs Vs.

1. T.Dhanalakshmi

2. S.Chitravalli Palaniammal (Died) V.A.Rangaraja Gounder (Died)

3. V.A.Palanisamy

4. Muruganantham

5. Kanagaraj Gounder Krishnaveni (died)

6. Selvanayagam

7. Nayagam ... Respondents 1 to 7 / Respondents 1, 2, 4, to 6, 8 & 9 in all CMPs

8. R.Srinivasa Ganesh

9. R.Rajeswari ... Respondents 8 & 9 / L.Rs., of deceased 3rd respondent in all CMPs

10. Pushpavalli

11. Selvanantham

12. G.Devi

13. G.Yogesh ... Respondents 10 to 13 / L.Rs., of deceased 7th respondent in all CMPs Page No.1 of 4

PRAYER IN CMP.No.2107 of 2024 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 1514 days in filing the petition to set aside the abatement caused due to the death of the 3rd respondent, V.A.Rangaraja Gounder in the above A.S.No.501 of 2018.

PRAYER IN CMP.No.2109 of 2024 : This Civil Miscellaneous Petition filed under Order XXII Rule 9 of Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of the 3rd respondent, V.A.Rangaraja Gounder in the above A.S.No.501 of 2018. PRAYER IN CMP.No.2110 of 2024 : This Civil Miscellaneous Petition filed under Order XXII Rule 4 of Code of Civil Procedure, 1908, praying to bring the respondents 8 & 9 on record as the legal representatives of the deceased 3rd respondent, V.A.Rangaraja Gounder and rank them as the respondents 10 & 11 in the above A.S.No.501 of 2018. For Petitioners :

Mr.N.Manoharan in all CMPs For Respondents :

Mr.P.Saravana Sowmiyan for R10 & R11 in all CMPs COMMON ORDER CMP.No.2107 of 2024 has been filed to condone the delay of 1514 days in filing the petition to set aside the abatement caused due to the death of the 3rd respondent, V.A.Rangaraja Gounder in the above A.S.No.501 of 2018.

Page No.2 of 4

2. CMP.No.2109 of 2024 has been filed to set aside the abatement caused due to the death of the 3rd respondent, V.A.Rangaraja Gounder in the above A.S.No.501 of 2018.

3. CMP.No.2110 of 2024 has been filed to bring the respondents 8 & 9 on record as the legal representatives of the deceased 3rd respondent, V.A.Rangaraja Gounder and rank them as the respondents 10 & 11 in the above A.S.No.501 of 2018.

4. Heard Mr.N.Manoharan, learned counsel on record for the petitioners and Mr.P.Saravana Sowmiyan, learned counsel on record for respondents 10 & 11.

5. This Court perused the affidavits filed in support of the petitions and on being satisfied with the reasons stated in the aforestated affidavits and also considering the submissions made on either side, this Court is inclined to allow these petitions. Accordingly, these civil miscellaneous petitions are allowed without costs.

25.07.2025 av Note: Registry is directed to carry out the amendments in the appeal papers.

Page No.3 of 4

R.SAKTHIVEL, J.

av CMP.Nos.2107, 2109 & 2110 of 2024 in A.S.No.501 of 2018 25 / 07 / 2025 (2/3) Page No.4 of 4