Madras High CourtCMP(MD)/4366/2026ordered

V.Mani v. 1. V.Bangaru (Died) 2. S.Muthukaruppan

2026-04-15Honourable Mr Justice P.B. Balaji3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P.B. BALAJI CMP(MD). Nos.4366 to 4368 of 2026 in SA(MD).No.135 of 2017

1. V.Mani

2. V.Manickam (Died),

3. V.Subramani

4. R.Ponnuthai

5. M.Murugeswari

6. M.Rajkumar

7. M.Pathrasamy ... Petitioners Vs

1. 1. V.Bangaru (Died)

2. S.Muthukaruppan

3. Lakshmi

4. B.Subburaj,

5. B.Kokila ... Respondents PRAYER :- To Condone the delay of 226 days in filing the application to set aside the abatement caused due to the death of V.Bangaru, the 1st respondent in the above Second Appeal and thus render justice. For Petitioners : Mr.R.Subramanian, Advocate.

ORDER

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These petitions have been filed to condone the delay of 226 days in filing the application to set aside the abatement caused due to the death of the 1st respondent, and to set aside the abatement and to implead the legal representatives of the deceased 1st respondent as respondents 3 to 5 in the above Second Appeal.

2. Despite service of notice, the proposed respondents have neither chosen to appear in person nor through counsel.

3. Being satisfied with the reasons stated in the affidavit filed in support of these petitions, and considering that the legal representatives are necessary to proceed with the Second Appeal, the delay is condoned and, consequently, the other CMPs are allowed.

4. The Registry is directed to carry out the necessary amendment in the cause title and issue notice to the proposed respondents in the Second Appeal.

5. List the Second Appeal for hearing on 27.04.2026. In the 2/3

meantime, counsel for the first respondent shall ascertain whether the legal heirs of the deceased have also approached the Court, if so. 15.04.2026 TRP 3/3