Madras High CourtCMP(MD)/823/2024allowed

Thangavelammal, v. Rajammal (Died), 1) Shanmugam (Died), 2) Muniayasamy (Died), 3) Ramalakshmi

2025-09-22Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-09-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in SA(MD) NO. 438 of 2017 1.Thangavelammal 2.Durairaj Petitioner(s) in all petitions Vs Rajammal (Died) 1.Shanmugam (Died) 2.Muniayasamy (Died) 3.Ramalakshmi 4.Muthurathinam 5.Rameswari 6.M.Thikkuvijayan 7.T.Packiaraj 8.T.Manikandan Respondent(s) in all petitions For Petitioner(s) in all petitions:

Mr.R.Sundar Srinivasan, Advocate 1/4

For Respondent(s) in all petitions :

Mr.Raja.Karthikeyan, Advocate for R7 & R8 R1 & R2 - Died R3 to R6 - No Appearance Common Prayer : Civil Miscellaneous Petitions are filed to condone the delay of 438 days in filing application for setting aside abatement caused due to the death of the 1st respondent, to set aside the abatement caused due to the death of the 1st respondent, and to bring on record the proposed respondent Nos.6 to 8 as the legal representatives of the deceased 1st respondent and rank them as respondent Nos.6 to 8 in the Second Appeal in S.A.(MD)No.438 of 2017 pending on the file of this Court.

COMMON ORDER These Civil Miscellaneous Petitions have been filed to condone the delay of 438 days in filing an application to set aside the abatement caused due to the death of the 1st respondent, to set aside the abatement caused due to the death of the 1st respondent, and to bring on record proposed respondent Nos.6 to 8 as the legal representatives of the deceased 1st respondent and rank them as respondent Nos.6 to 8 in the Second Appeal in S.A.(MD)No.438 of 2017, pending on the file of this Court.

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2. Heard the learned counsel appearing on either side, and I have perused the common affidavit filed in support of these petitions.

3. The names of respondent Nos.3 to 6 have already been printed in the cause list.

4. The learned counsel for respondent Nos.7 & 8 has not raised any objection to allow this petition.

5. Being satisfied with the reasons stated in the affidavit, these Civil Miscellaneous Petitions are allowed.

22-09-2025 Note : The Registry is directed to carry out necessary amendments in the appeal memorandum and list the same after two weeks. mkn 3/4

P.VADAMALAI, J.

mkn in SA(MD) NO. 438 of 2017 22.09.2025 4/4