Madras High CourtCMP(MD)/239/2018allowed

M.Subbaiah v. M.P.Muthuraman

2026-03-27Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-03-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in AS(MD) NO. 8 of 2017 M.Subbaiah Petitioner(s) in all petitions Vs 1.M.P.Muthuraman 2.P.S.Yogeswari (Died) 3.P.Meyyappan 4.A.Gandhimathi Aachi 5.A.Muthuraman 6.A.Meyyappan Y.Deivanai (Died) 7.Y.Muthuraman 1/5

M.Sornam Aachi (Died) 8.M.Muthuraman 9.M.Palaniappan 10.Ramu @ Eswari 11.Meena 12.S.Ramani @ Palaniyappan Respondent(s) in all petitions For Petitioner(s) in all petitions :

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

Mr.RMS.Sethuraman, Advocate for R7 & R9 Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of the Limitation Act, Order XXII Rule 9 of the Code of Civil Procedure, and Order XXII Rule 4 of the Code of Civil Procedure, to condone the delay of 228 days in filing the petition to set aside the abatement caused due to the death of the 2nd respondent, to set aside the said abatement, and to bring on record the proposed 12th respondent herein as the legal heir of the deceased 2nd respondent and to implead and rank him as the 12th respondent in the Appeal Suit in A.S.(MD)No.8 of 2017 on the file of this Court.

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COMMON

ORDER

These Civil Miscellaneous Petitions have been filed to condone the delay of 228 days in filing the petition to set aside the abatement caused due to the death of the 2nd respondent, to set aside the abatement caused due to the death of the 2nd respondent, and to bring on record the 12th respondent herein as the legal heir of the deceased 2nd respondent and rank him as the 12th respondent in the Appeal Suit in A.S.(MD)No.8 of 2017 on the file of this Court.

2. Heard the learned counsel for the petitioner and perused the affidavits filed in support of these petitions.

3. There is no representation for respondent Nos.7 and 9.

4. The name of the 12th respondent has been printed in the cause list.

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

27-03-2026 (1/3) Note : The Registry is directed to carry out necessary amendments in the appeal memorandum.

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P.VADAMALAI, J.

mkn in AS(MD) NO. 8 of 2017 27.03.2026 (1/3) 5/5