N.Thiruvengadam v. Subburaya Mudaliar ( Died) 1. Vajravelu Mudaliar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025

CORAM

THE HONOURABLE Dr. JUSTICE R.N.MANJULA C.M.P. Nos. 816, 818 and 821 of 2025 and S.A. No. 1270 of 2009 N.Thiruvengadam ...

Petitioner in all CMPs Vs.

Subburaya Mudaliar (deceased) 1.Vajravelu Mudaliar 2.Ramasamy Mudaliar 3.Rukumani Ammal 4.Ammani Ammal 5.V.Parasuraman 6.V.Kasinathan 7.V.Ranganathan 8.G.Manimegalai 9.M.Tamilselvi 10.J.Abirami 11.A.Dharmakasthuri 12.Saminathan 13.Visvanathan 14.Jagannathan 15.Mangayarkkarasi 16.Parvathavarthini 17.Punithavarthini 18.Vinayagam

19.Kamatchi ... Respondents in all CMPs Prayers :

(i) Application No.816 of 2025 has been filed under Section 5 of the Limitation Act, praying to condone the delay of 181 days in taking out the application to set aside the abatement caused upon the demise of the Subburaya Mudaliar;

(ii) Application No.818 of 2025 has been filed under Order 22 Rule 9(2) of the Code of Civil Procedure praying to set aside the abatement caused upon the demise of the 1st respondent, Subburaya Mudaliar; and (iii) Application No.821 of 2025 has been filed under Order 22 Rule 4 of the Code of Civil Procedure praying to bring on record the proposed 12 to 19 respondents herein and rank them as respondents in the Second Appeal as the legal heirs of the deceased 1st respondent, Subburaya Mudaliar.

For applicant : Mr.S.Arokiamaniraj For Respondents : Mr.R.Rajan (R2), R5 to R11) -----

These applications have been filed for the following reliefs: (i) Application No.816 of 2025 - to condone the delay of 181 days in taking out the application to set aside the abatement caused upon the demise of the Subburaya Mudaliar;

(ii) Application No.818 of 2025 - to set aside the abatement caused upon the demise of the 1st respondent, Subburaya Mudaliar; and (iii) Application No.821 of 2025 - to bring on record the proposed 12 to 19 respondents herein and rank them as respondents in the Second Appeal as the legal heirs of the deceased 1st respondent, Subburaya Mudaliar.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents, who has stated no objection for ordering these applications.

3. Mr.R.Rajan, learned counsel takes notice on behalf of the newly impleaded respondent Nos. 12 to 19.

4. Registry is directed to carry out the amendment in the second appeal.

5. List the Second Appeal under the caption 'for arguments' on 17.09.2025.

08.09.2025 Maya

Dr. R.N.MANJULA, J.

Maya C.M.P. Nos. 816, 818 and 821 of 2025 and S.A. No. 1270 of 2009 Dated : 08.09.2025