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Madras High CourtCMP(MD)/12552/2025ordered

Ramaiah (Died) 1. R.Vasanthakokilam v. Koothan (Died) 1. Subramanian

2026-06-19Honourable Mr Justice P.B. Balaji6 pages

CMP(MD) NO. 12552 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19-06-2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CMP(MD) NO. 12552 of 2025 AND CMP(MD) NO. 12553 OF 2025, CMP(MD) NO. 12554 OF 2025 CMP(MD) NO. 12552 of 2025:

1. Ramaiah (Died) 1. R.Vasanthakokilam

2. R.RATHEENDRAN

3. R.SHARMILA D/o. Late. Ramaiah

1. Koothan (Died) 1. Subramanian

2. Pavalakodi D/o. Late. Koothan

3. Shankar

4. Seethai W/o. Veerabaku Andavarayapuram Anavayal Post

5. R.Regunathan Respondent(s) CMP(MD) NO. 12553 of 2025:

Ramaiah (Died) 1. R.Vasanthakokilam W/o. Late. Ramaiah, Vazhamangalam Village, Keezhathur Post, Alangudi Taluk, Koothan (Died) 1. Subramanian

Pudukottai District. and another Respondent(s) CMP(MD) NO. 12554 of 2025:

Ramaiah (Died) 1. R.Vasanthakokilam W/o. Late. Ramaiah, Vazhamangalam Village, Keezhathur Post, Alangudi Taluk, Koothan (Died) 1. Subramanian Pudukottai District. and another Respondent(s) For Petitioner(s):

M/s. K.Vijayaragavan R.Saravana Prabhu For Respondent(s):

R1, R3, R4 & R5 - No appearance Prayer in C.M.P.(MD)No.12552 of 2025:

To condone the delay of 1098 days in filing the application to bring on record the legal representative of the deceased Ramaiah in the above Second Appeal in S.A.(MD)SR.No.49598 of 2018.

Prayer in C.M.P.(MD)No.12553 of 2025:

To set aside the abatement caused due to the death of the sole appellant in the above Second Appeal in S.A.(MD)SR.No.49598 of 2018.

Prayer in C.M.P.(MD)No.12554 of 2025:

To bring on record the bring on record the petitioners 1 to 3 and 5th respondent as legal representatives of the deceased Ramaiah in the above Second Appeal in S.A.(MD)SR.No.49598 of 2018.

ORDER

These applications have been taken out to condone the delay of 1098 days in setting aside the abatement caused due to the death of the sole appellant, to set aside the abatement caused due to the death of the sole appellant and to bring on record the petitioners 1 to 3 and 5th respondent as the legal representatives of the deceased sole appellant. 2.I have heard the learned Counsel for the petitioners and I have also gone through the affidavits filed in support of these petitions. 3.Despite service of notice to the respondents 1 to 4, they have not objected to these petitions by filing any counter till date. 4.On going through the affidavit and after carefully considering the arguments of the learned Counsel for the petitioners, I find that the petitioners have made out sufficient cause explaining the delay. The other legal representative of the deceased is also arrayed as the fifth respondent.

5.Accordingly, these petitions are allowed.

6.Registry shall carry out the necessary amendments in the cause title, number the Second Appeal, if it is otherwise in order and post the Second Appeal for hearing in the usual course.

19-06-2026 MR

To

1. Subramanian

2. Pavalakodi D/o. Late. Koothan

3. Shankar

4. Seethai W/o. Veerabaku Andavarayapuram Anavayal Post

5. R.Regunathan