Madras High CourtCMP(MD)/3116/2026ordered

T. Balasubramanian v. Sethu Nagar Nadar Uravinmurai Sangam

2026-03-23Honourable Mr Justice P.B. Balaji9 pages

CMP(MD) NO. 3116 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-03-2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CMP(MD) NO. 3116 of 2026, CMP(MD) NO. 3125 OF 2026,SA(MD) NO. 392 OF 2023,CMP(MD) NO. 3118 OF 2026,CMP(MD) NO. 3124 OF 2026,CMP(MD) NO. 3119 OF 2026,CMP(MD) NO. 3121 OF 2026 IN SA(MD)No.392 of 2023

1. T. Balasubramanian S/o.K.M.Thangachamy Nadar Door No.5/455 Sethu Nagar Karan Village Petitioner(s) Vs

1. Sethu Nagar Nadar Uravinmurai Sangam Rep. by its President

2. R.Palanikumar Son of Ramachandran Door No. 5/466

3. P. Selvam Deceased

4. T. Aathilingam Deceased

5. T. Chellamuthu Wife of Late Selvam

6. Thirukumaran Son of Late P.Selvam

7. Azhagunathan Son of Late P.Selvam

8. Muniyaraj Son of Late P.Selvam

9. Palaninathan Son of Late P.Selvam

10. Ramalatchumi Daughter of Late P.Selvam

11. Maheswari Daughter of Late P. Selvam

12. Sanmugavalli Wife of Late T.Aathilingam Door No.5/450

13. Madaselvi Daughter of Late T.Aathilingam Door No.5/450

14. Suyamburajan Son of Late T.Aathilingam Door No.5/450

15. Sathiyasivam Son of Late T.Aathilingam Door No.5/450

16. Tamil Selvan Son of Late T.Aathilingam Door No.5/450

17. Mohan Kumar Son of Late T.Aathilingam Door No.5/450

18. Kanagaraj Son of Late T.Aathilingam Door No.5/450 Respondent(s) For Petitioner(s):

S.Vellaichamy V.V. Sathya For Respondent(s):

Common Prayer in CMP(MD)Nos.3116, 3118 & 3119/26: To condone the delay of 434 days in setting aside the abatement, to set aside abatement caused due the death of 3rd respondent and to bring on record the respondents 5 to 11 as legal heirs of deceased third respondent in the above second appeal and rank them as respondents 5 to 11 and thus render justice.

Common Prayer in CMP(MD)Nos.3121, 3124 & 3125/26: To condone the delay of 536 days in setting aside the abatement, to set aside abatement caused due the death of 4th respondent and to bring on record the respondents 12 to 18 as legal heirs of deceased fourth respondent in the above second appeal and rank them as respondents 12 to 18 and thus render justice.

COMMON ORDER Heard the learned Counsel for the petitioner. Learned Counsel would bring to my notice that the petitioner / appellant intended to withdraw the Second Appeal with liberty to file a fresh comprehensive suit in C.M.P. (MD)No.18930 of 2025. Pending the said application, the death of the third and fourth respondents were brought to the notice of the appellant. Hence, C.M.P.(MD)Nos.3116, 3118 & 3119 of 2026 [relating to third respondent] and C.M.P.(MD)Nos.3121, 3124 & 3125 of 2026 [relating to fourth respondent] have been taken out for condonation of delay of 434 days and 536 days respectively, in setting aside the abatement caused due to the death of the third and fourth respondent respectively; for setting aside the abatement caused due to the death of the third and fourth respondents respectively and to implead the legal representatives of the third and fourth respondents respectively.

2.Though the learned Counsel who is appearing for the respondents 3 and 4 undertook to enter appearance for the legal heirs as well, today, there is no representation.

3.I do not see any serious objection being caused to the proposed legal heirs, if these applications are ordered. They will any how have an

opportunity to contest the Second Appeal as well as C.M.P.(MD)No.18930 of 2025.

4.Accordingly, these Civil Miscellaneous Petitions are ordered. 5.Learned Counsel for the petitioner seeks a short accommodation to take out necessary application to implead necessary legal heirs in C.M.P. (MD)No.18930 of 2025.

6.Call on 06.04.2026.

23-03-2026 MR