Kesavan v. Asothai Died. 1. Marimuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL CMP.Nos.24223, 24225 & 24229 of 2025 in S.A.No. 900 of 2014 In all CMP's:

Kesavan S/o Kuzhandhai Konar, East St, Vazhavanathankuppam Village, Kallakurichi Taluk .. Petitioner/Appellant Vs Asothai (Died) .. Respondent

1. Marimuthu S/O. Chinnukonar, No.171, West Street, Vazhavanathankuppam Village, Kallakurichi Taluk, Kallakurichi District.

2. Selvi D/O. Chinnukonar, No.171, West Street,

3. Vazhavanathankuppam Village, Kallakurichi Taluk, Kallakurichi District.

4. Manavalam S/O. Chinnukonar, No.171, West Street, Vazhavanathankuppam Village, Kallakurichi Taluk, Kallakurichi District .... Respondents 1 to 3/ ' Proposed Respondents

PRAYER in CMP No. 24223 of 2025 This Civil Miscellaneous Petition is filed under Section 5 of Limitation Act, 1963 praying to condone the delay of 1151 days seeking to set aside the abatement caused due to the death of the sole Respondent Asothai in SA.No.900/2014 PRAYER in CMP No. 24225 of 2025 This Civil Miscellaneous Petition is filed under Order XXII Rule 9(2) of Code of Civil Procedure, 1908 praying to set aside the abatement caused due to the death of the sole Respondent Asothai in SA.No.900/2014. PRAYER in CMP No. 24229 of 2025 This Civil Miscellaneous Petition is filed under Order XXII Rule 4 of the Code of the Civil Procedure, 1908 praying to bring the Respondents 1 to 3 herein on record as the legal representatives of the deceased sole Respondent of the Asothai and rank them as Respondents 2 to 4 in SA.No.900/2014.

In all CMPs.

For Appellant(s):

Mr.R.Arunmozhi Devan for Mr. S.M.S.Shriram Narayanan For Respondents No.1 and 3:

Ms.Nilaphar for Ms.R.Meenal

ORDER

Mr. R. Arunmozhi Devan, representing Mr. S.M.S. Shriram Narayanan, counsel on record for the petitioner, and Ms. Nilaphar, representing Ms. R. Meenal, Counsel on record for Respondents Nos. 1 and 3, are present before this Court.

2. Considering the nature of these petitions, this Court dispenses with notice to Respondent No. 2.

3. These petitions have been filed seeking condonation of the delay of 1,151 days in filing the petitions to set aside the abatement and to bring on record as the legal heir(s)/legal representative(s) of the deceased sole respondent in the main Appeal.

4. This Court is satisfied with the reasons stated in the affidavits filed in support of the petitions. Accordingly, the Civil Miscellaneous Petitions are allowed. The Registry is directed to carry out the necessary amendments in the memorandum of grounds of Appeal.

03.06.2026 [1/2] jrs

R.SAKTHIVEL, J.

jrs CMP.Nos.24223, 24225 & 24229 of 2025 in S.A.No. 900 of 2014 03.06.2026