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Madras High CourtCMP(MD)/18143/2025allowed

Pugazh v. 1.Rethinalingam (Died) 2. Dhanishlash (Died) 3. Krishnammal (Died) 4. Ganesan

2026-04-21Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-04-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in AS(MD) NO. 16 of 2022 Pugazh Petitioner(s) in all petitions Vs 1.Rethinalingam (Died) 2.Dhanishlash (Died) 3.Krishnammal (Died) 4.Ganesan 5.Iyappan 6.Meenakshi 7.Anthony Ammal 8.Merlin 9.Mariya Subitha 10.Mariya Sheeba 11.Roch Respondent(s) in all petitions 1/5

For Petitioner(s) in all petitions :

Mr.K.Guhan, Advocate For Respondent(s) in all petitions :

Mr.P.Balamurugan, Advocate for R4 & R5 R7 to R11 - No Appearance Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of the Limitation Act and under Order XXII Rule 9 and Order XXII Rule 4 of the Code of Civil Procedure to condone the delay of 3867 days in filing the petition to set aside the abatement caused due to the death of the second respondent, to set aside the abatement caused due to the death of the second respondent, and to bring on record respondent Nos.7 to 11 herein as the legal heirs of the deceased second respondent and rank them as respondent Nos.7 to 11 in the Appeal Suit in A.S.(MD)No.16 of 2022 on the file of this Court.

COMMON

ORDER

These Civil Miscellaneous Petitions have been filed to condone the delay of 3867 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 respondent Nos.7 to 11 herein as the legal heirs of the deceased 2nd respondent and 2/5

rank them as respondent Nos.7 to 11 in the Appeal Suit in A.S.(MD) No.16 of 2022 on the file of this Court.

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 respondent Nos.4 and 5 has not raised any objection to this petition.

4. The names of respondent Nos.7 to 11 have been printed in the cause list.

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

21-04-2026 Note : The Registry is directed to carry out necessary amendments in the appeal memorandum.

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mkn 4/5

P.VADAMALAI, J.

mkn in AS(MD) NO. 16 of 2022 21.04.2026 5/5