Madras High CourtCMP(MD)/3873/2026allowed

T.Palanivel v. P.Madhivanan

2026-04-29Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-04-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in AS(MD) NO. 88 of 2023 T.Palanivel Petitioner(s) in all petitions Vs 1.P.Madhivanan 2.S.Perumal 3.R.Nagarathiram 4.M.Dhanalakshmi 5.T.Natarajan (Died) 6.N.Manimekalai 7.N.Kannan Respondent(s) in all petitions For Petitioner(s) in all petitions :

Mr.H.Lakshmi Shankar, Advocate 1/4

For Respondent(s) in all petitions:

Mr.M.Arumugam, Advocate for R1 & R4 Mr.D.Boopal, Advocate for R2 Mr.J.Karthick Babu, Advocate for R6 & R7 Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of Limitation Act, Order 22 Rule 9 r/w. Section 151, and Order 22 Rule 4 of the Code of Civil Procedure to condone the delay of 97 days in filing the petition to set aside the abatement caused due to the death of the 5th respondent, to set aside the abatement caused due to the death of the 5th respondent, and to bring the proposed respondent Nos.6 & 7 on record as the legal representatives of the deceased 5th respondent and rank them as respondent Nos.6 & 7 in the Appeal Suit in A.S.(MD).No.88 of 2023 on the file of this Court.

COMMON ORDER These Civil Miscellaneous Petitions have been filed to condone the delay of 97 days in filing the petition to set aside the abatement caused due to the death of the 5th respondent, to set aside the abatement caused due to the death of the 5th respondent, and to bring the proposed respondent Nos.6 & 7 on record as the legal representatives of the 2/4

deceased 5th respondent and rank them as respondent Nos.6 & 7 in the Appeal Suit in A.S.(MD).No.88 of 2023 on the file of this Court.

2. Heard the learned counsel appearing on either side and perused the affidavits filed in support of these petitions.

3. The learned counsel for respondent Nos.6 & 7 has not raised any objection to these petitions.

4. Being satisfied with the reasons stated in the affidavits, these Civil Miscellaneous Petitions are allowed.

29-04-2026 Note : The Registry is directed to carry out necessary amendments in the appeal memorandum.

mkn 3/4

P.VADAMALAI, J.

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