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Madras High CourtCMP(MD)/2425/2025allowed

V.Kandavelu Orthiar v. Somu Pillai (Died) 2. Selvarajan (Died) 3. Chandra Babu

2025-12-02Honourable Mrs Justice R. Kalaimathi4 pages

CMP(MD) Nos. 2425, 2427 and 2429 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-12-2025

CORAM

THE HONOURABLE MRS JUSTICE R. KALAIMATHI CMP(MD) Nos. 2425, 2427 and 2429 of 2025 in S. A.No. 603 of 1999 V.Kandavelu Orthiar Petitioner(s) Vs

1. Somu Pillai (Died)

2. Selvarajan (Died)

3. Chandra Babu

4. Ganesan (Died)

5. Rengathammal - Died

6. Dhanalakshmi Died.

7. Pappathi Died.

8. Sakthivel

9. Shanmugavel Died

10. Sankaravadivel

11. Thamaraiselvan

12. Seethalakshmi

13. Sathianarayanan

14. P. Velumuthu

15. Tmt. Manimekalai

16. P. Krishnamurthy

17. P.Nagarajan

18. Mrs. Sundarammal died

19. Sambantham.

20. Govindarajan

21. Sundar Rajan

22. Mrs. Kalavathi

23. Mageswari

24. MathivananDied

25. Muthuvanan

26. Magarapathivanan

27. Elavarasi Died

28. Malarkodi

29. Karthick

30. valli

31. Suganya(minor)

32. Susila

33. Dhanam

34. Indira

35. Muruganandam

36. Anusuya

37. Mrs. Sornam

38. Mrs. Ambujam

39. Deebha

40. Rajiv Gandhi

41. Mrs. Chitra

42. Saminatha Prabhu

43. S. Padma

44. Birundha

45. Mrs. M. Shamala

46. Visalatchi

47. M.Naveen

48. Selvi

49. Mankayarkarasi

50. Mala

51. Vasuki

52. Malar

53. Manikandan

54. Subrannaian

55. Baskar

56. Nagarajan

57. Sundarrajan

58. Raju

59. Saravanan Respondent(s) For Petitioner(s): Mr. S.D.Venkateswaran Prayer: Civil Miscellaneous Petitions filed to condone the delay of 1653 days in filing the petition to set aside the abetment caused due to the death of the 4th respondent (Ganesan S/o.Narayanasamy) and to set aside the abatement caused due to the death of the 4th respondent and to bring on record the respondents 54 to 59 herein as legal representatives of the deceased 4th respondent and rank them as respondents 54 to 59 in S.A.No. 603 of 1999 pending on the file of this Court. COMMON ORDER These petitions have been filed to condone the delay of 1653 days in filing the petition to set aside the abatement caused due to the death of the

4th respondent viz., Ganesan and to set aside the abatement and to bring on record the respondent Nos. 54 to 59 as LRs of the deceased 4th respondent and rank them as respondent Nos.54 to 59 in the above Second Appeal.

2. Heard the learned counsel for the petitioners and perused the affidavit filed in support of these petitions.

3. Paper publication in respect of Respondent Nos. 54 to 59 effected and a copy of the paper publication has been filed. The names of Respondents 54 to 59 have been printed in the cause list. Despite their names have been printed in the cause list no one has appeared on behalf of them.

4. Being satisfied with the reasons stated in the affidavit filed in support of the petition in CMP(MD).No.2425 of 2025, the said petition is allowed and accordingly, the delay is condoned. Consequently, CMP(MD).Nos. 2427 and 2429 of 2025 are also allowed. 02-12-2025 trp Note: Registry is directed to effect the necessary amendment in the memorandum of grounds of Second Appeal.

R. KALAIMATHI, J.

trp CMP(MD) Nos. 2425, 2427 and 2429 of 2025 in S. A.No. 603 of 1999 02.12.2025