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Madras High CourtCMP/8056/2024delay condoned

A.Roopanandan v. Sri Alavandaar Charities

2025-06-09Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2025

CORAM

THE HON'BLE MS.JUSTICE J. NISHA BANU AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN CMP Nos.8056, 8058 and 8060 of 2024 in A.S.No.569 of 1999 1.A.Roopanandan Segani Gramani (deceased) B.Kanniappan (died) Natesa Gramani (died) Krishnammal (deceased) T.Subramanian (died) S.Viswanathan (died) Lakshmi (died) 2.T.Sivagnanam 3.T.Manoharan 4.T.Shanmugam 5.M.Shanthi 6.Lakshmi 7.Amarthiya 8.Adhitya 9.Chokkammal 10.Poosanam 11.Ramakrishnan 12.Babu 13.Kannan 14.Devaraj 15.Dhanalakshmi 16.Yasodha 17.Kokila

18.Sivakami 19.Devaraj : Petitioners Vs 1.Sri Alanvandar Charities, rep. By its Executive Officer, Mahabalipuram R.Kanniappan (died) Kanakassabai (deceased) Rajabathar (deceased) R.Kuppuswamy Naicker (deceased) Selvaraj (deceased) 2.Radha 3.K.Kesavamurthy 4.K.Niraimathy 5.K.Kalaimathy 6.K.Ayyappan 7.K.Valarmathy 8.K.Thilagavathy 9.K.Kungumavathy 10.K.Raniammal 11.K.Parthiban 12.K.Dhandapani 13.K.Rukmani 14.K.Vasanthakumari 15.K.Sampathkumar 16.K.Muruganandham 17.K.Gevanandham 18.K.Dhanalakshmi 19.R.Rani 20.R.Kumaraguru 21.R.Gayathri 22.S.Manivannan 23.S.Rani 24.S.Dakshayani 25.Selvam

26.Kalaiselvi 27.Ashokan 28.Karunakaran 29.Shankar 30.Ranjani : Respondents CMP No.8056 of 2024 filed to condone the delay of 381 days in setting aside the abatement caused due to the death of the 4th respondent Rajabathar CMP No.8058 of 2024 filed to set aside the abatement cause due to the death of the 4th respondent viz., Rajabathar CMP No.8060 of 2024 filed to bring on record petitioners 19 to 21 as legal representatives of the deceased 4th respondent and to array them as respondents 24 to 26 in the appeal suit.

For Petitioners :

Mr.R.Ponnusamy For Respondents :

Ms.V.Srimathy for R1 COMMON ORDER (Order of the Court was made by J.NISHA BANU, J.) These Civil Miscellaneous Petitions have been filed to condone the delay of 381 days in setting aside the abatement caused due to the death of the 4th respondent Rajabathar and to bring on record petitioners 19 to 21 as legal representatives of the deceased 4th respondent and to array them as respondents 24 to 26 in the appeal suit.

2. Learned counsel for the respondent No.1 has no objection for

allowing these petitions.

3.Considering the submissions made and the reasons stated in the affidavit, this Court is of the view that the delay may be condoned on payment of costs.

4. Accordingly, the delay is condoned on payment of costs of Rs.1,000/- (Rupees One Thousand only) by the petitioner to the Tamilnadu State Legal Services Authority, Chennai, on or before 06.07.2025.

5. On payment of costs, CMP Nos.8058 and 8060 of 2024 are ordered and the Registry is directed to carry out necessary amendment in AS No.569 of 1999 and post the appeal on 07.07.2025. If the costs is not paid on or before 06.07.2025, these C.M.Ps stand dismissed without any reference to this Court.

(J.N.B, J.) (M.J.R. J.) 09.06.2025 MRN

1. The Member Secretary, Tamilnadu State Legal Services Authority, Chennai. J.NISHA BANU, J.

AND M.JOTHIRAMAN, J.

mrn CMP Nos.8056, 8058 and 8060 of 2024 in A.S.No.569 of 1999 09.06.2025