Madras High CourtCMP(MD)/7638/2024allowed

Azhagupitchai v. Rajagopal (Died) 2.Subramanian

2026-06-17Honourable Mr Justice P.Vadamalai4 pages

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

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in AS(MD) NO. 109 of 2020 Azhagupitchai Petitioner(s) in all petitions Vs 1.Rajagopal (Died) 2.Subramanian 3.R.Nithyanandam 4.R.Valliyammal 5.R.Subbulakshmi 6.R.Vijayakala Respondent(s) in all petitions For Petitioner(s) in all petitions :

Mr.A.Mohamedhaneef, Advocate 1/4

For Respondent(s) in all petitions :

Mr.S.Selva Aditya, Advocate for R3 to R6 R2 - No Appearance R1 - 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 507 days in filing the application to set aside the abatement caused due to the death of the deceased 1st respondent, to set aside the abatement caused due to the death of the deceased 1st respondent, and to bring on record respondents 3 to 6 herein as the legal representatives of the deceased 1st respondent, namely Rajagopal, and rank them as respondents 3 to 6 in A.S.(MD) No.109 of 2020.

COMMON ORDER These Civil Miscellaneous Petitions have been filed to condone the delay of 507 days in filing the application to set aside the abatement caused due to the death of the deceased 1st respondent, to set aside the abatement caused due to the death of the deceased 1st respondent, and to bring on record respondents 3 to 6 herein as the legal representatives of the deceased 1st respondent, namely Rajagopal, and rank them as respondents 3 to 6 in A.S.(MD)No.109 of 2020 on the file of this Court. 2/4

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

3. The name of the 2nd respondent has been printed in the cause list.

4. The learned counsel for respondents 3 to 6 has not raised any objections to allow these petitions.

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

17-06-2026 (1/2) Note : The Registry is directed to carry out necessary amendments in the appeal memorandum and list the same in the usual course. mkn 3/4

P.VADAMALAI, J.

mkn in AS(MD) NO. 109 of 2020 17.06.2026 (1/2) 4/4