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Madras High CourtCMP/27258/2025allowed

Murugesan (Died) 1.M.Arulselvi v. Sangeethan

2026-01-05Honourable Mr.Justice P.B. Balaji2 pages

CMP No. 27258 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP No. 27258, 27259 & 27261 of 2025 in AS NO. 12 OF 2024 and CMP NO. 324 OF 2024 Murugesan (died) 1.M.Arulselvi 2.M.Senthilkumar 3.M.Anbuselvi 4.M.Arivuselvi 5.M.Arasa Kumar 6.M.Arulmozhiselvan, 7.M.Karthikeyan Appellant(s) Vs Sangeethan Respondent(s) CMP No. 27258 of 2025 PRAYER:

This Petition is filed under Section 5 of the Limitation Act, to condone the delay of 25 days in filing petition to set aside the abatement of the above AS Caused due to the death of the Sole Appellant Viz., A.Murugesan and render justice.

CMP No. 27259 of 2025 PRAYER:

This Petition is filed under Order 22 Rule 9(2) of CPC to set aside the abatement of the above AS caused due to the death of the Sole Appellant Viz., A.Murugesan and render justice.

CMP No. 27261 of 2025 PRAYER:This Petition is filed under Order 22 Rule 3 of CPC to bring the petitioners 1 to 7 herein on record as Appellants 2 to 8 in the above A.S. As the L.R.s of the deceased sole appellant.

P.B.BALAJI.J., For Appellant(s):

Mr. S.Ilamuhil in all CMPs For Respondent:

Mr.S.Xavier Felix in all CMPs COMMON ORDER These Civil Miscellaneous Petitions are filed to condone the delay of 25 https://www.mhc.tn.gov.in/judis

CMP No. 27258 of 2025 days in filing petition to set aside the abatement; to set aside the abatement caused due to the death of the Sole Appellant Viz., A.Murugesan; and to bring the petitioners 1 to 7 herein on record as Appellants 2 to 8 in the above First Appeal as the L.R.s of the deceased sole appellant.

2. I have heard learned counsel for the parties and I have also gone through the affidavit filed in support of the Applications and I am satisfied with the reasons assigned for not taking out these Applications in time.

3. The learned counsel for the respondent submit that he has no serious objections for the Applications being ordered.

4. In the light of the above, these Civil Miscellaneous Petitions are allowed.

05-01-2026 Note: Registry is directed to carry out the necessary amendment and post the First Appeal for arguments, on 27.01.2026.

rkp CMP No. 27258, 27259 & 27261 of 2025 in AS NO. 12 OF 2024 and CMP NO. 324 OF 2024 https://www.mhc.tn.gov.in/judis