Madras High CourtCMP(MD)/4988/2026allowed

Andiammal v. 1.Chinnakkal Alias Chinnathayammal (Died)

2026-06-17Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-06-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in SA(MD) NO. 171 of 2012 1.Andiammal 2.Selvarani 3.Vijayalakshmi 4.Nandakumar 5.Chinnama Naicker 6.Vellaiyan @ Boomi Naicker 7.Thayammal @ Andiammal 8.Minor. Aadhi Lakshmi 9.Minor. Yamuna 10.Minor. Nandhini 11.Minor. Nathiya 12.Minor. Aandimuthu @ Vellamani 1/5

13.Aandiyammal 14.Kannammal (Minor Petitioners 8 to 12 are represented by their mother, the 7th respondent herein) Petitioner(s) in all petitions Vs 1.Chinnakkal @ Chinnathayammal (Died) 2.Bommi Naicker (Died) 3.Amutha (Died) 4.Errammal 5.Andichamy 6.Amutha 7.Jothimani 8.M.Deebika Respondent(s) in all petitions For Petitioner(s) in all petitions :

Mr.M.R.Sreenivasan, Advocate For Respondent(s) in all petitions :

Mr.T.Antony Arul Raj, Advocate for R4 to R7 Mr.M.Karuppasamy, 2/5

Advocate for R8 R1 - Dismissed (vide order dated 13.11.2019) R2 & R3 - Died COMMON PRAYER : Civil Miscellaneous Petitions are filed under Section 5 of the Limitation Act, Order XXII Rule 9(2), and Order XXII Rule 4 of the Code of Civil Procedure, to condone the delay of 315 days in filing the petition to set aside the abatement caused due to the death of the 3rd respondent, to set aside the abatement caused due to the death of the 3rd respondent, and to bring on record the 8th respondent herein as the legal representative of the deceased 3rd respondent, namely Amutha, and rank her as the 8th respondent in S.A.(MD)No.171 of 2012 on the file of this Court.

COMMON ORDER These Civil Miscellaneous Petitions have been filed to condone the delay of 315 days in filing the petition to set aside the abatement caused due to the death of the 3rd respondent, to set aside the abatement caused due to the death of the 3rd respondent, and to bring on record the 8th respondent herein as the legal representative of the deceased 3rd respondent, namely Amutha, and rank her as the 8th respondent in S.A. (MD)No.171 of 2012 on the file of this Court. 3/5

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

3. The learned counsel for respondents 4 to 7 and the learned counsel for the 8th respondent have not raised any objections to allow these petitions.

4. Beings satisfied with the reasons stated in the affidavit, these Civil Miscellaneous Petitions are allowed.

17-06-2026 Note : The Registry is directed to carry out necessary amendments in the appeal memorandum and list the same in the usual course. mkn 4/5

P.VADAMALAI, J.

mkn in SA(MD) NO. 171 of 2012 17.06.2026 5/5