Kandasamy (Died) v. Raju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR CMP No2. 26412 and 26415 of 2025 in S.A.No.66 of 2020 KANDASAMY (Died)

1. Pavaye, W/O. Late Kandasamy, residing at D-3 Block -15, Balaji Apartment, Steel Plant Raod, Jagir Ammapalayam, Salem, - 636302.

2. Chellam D/O. Late Kandasamy, residing at D-3 Block -15, Balaji Apartment, Steel Plant Road, Jagir Ammapalayam, Salem - 636302.

3. Punniya Lakshmi D/O. Late Kandasamy, Flat No. E, Krishna Flats, 11, Jai Nagar 1st Street, Arumbakkam, Chennai - 600106.

..petitioners/ proposed appellants Vs

1. Raju S/O. Kandasamy Gounder, residing at Opp. to Gowri Theatre, Udayarpalayam, Thammampatti Village and Post, Sengavalli Taluk, Salem District.

2. Ramani S/O. Kandasamy Gounder, residing at Opp. to Gowri Theatre, Udayarpalayam, Thammampatti Village and Post, Sengavalli Taluk, Salem District.

..Respondent(s)

CMP No.26412 of 2025: This petition has been filed to set aside the abatement caused due to the death of appellant.

CMP No.26415 of 205: This petition has been filed and to bring on record the legal representatives of the deceased appellant. For Appellant(s):

Mr.S. SENTHIL COMMON ORDER CMP No.26412 of 2025: This petition has been filed to set aside the abatement caused due to the death of appellant. CMP No.26415 of 205: This petition has been filed and to bring on record the legal representatives of the deceased appellant.

2. The learned counsel for the petitioners made an endorsement in CMP No.26412 of 2025 stating that in the petition prayer, the expression " first respondent" is wrongly typed instead of " appellant". Therefore, the expression "first respondent" in the affidavit prayer shall be read as " appellant".

3. The said submission and the endorsement made by the counsel for the petitioners is recorded.

4. It is also seen that in the affidavit in CMP No.26412 of 2025, the prayer is correctly mentioned as " petition to set aside the abatement caused due to the death of appellant ".

5. Being satisfied with the reasons assigned in the affidavit filed along with the respective petitions, CMP No.26412 and 26415 of 2025 are allowed.

6. Registry is directed to carry out necessary amendment. The registry shall read the expression " first respondent " in prayer portion of CMP No.26412 of 2025 as " appellant ".

7. List the second appeal for final disposal, as per the seniority. 02-03-2026 MST

S.SOUNTHAR, J.

MST CMP Nos. 26412 and 26415 of 2025 02-03-2026