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Madras High CourtCMP(MD)/20129/2025ordered

R.Satheesh Kumar (Died) 2.R.Suresh v. P.Baskaran

2026-03-12Honourable Mr Justice P.B. Balaji4 pages

CMP(MD) NO. 20129 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-03-2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CMP(MD) NO. 20129 of 2025 AND CMP(MD) NO. 20130 OF 2025 in S.A.(MD)No.506 of 2020

1. R.SATHEESH KUMAR (Died) 2.R.Suresh S/O.Rajaiyan Paraiyanvilai Veedu Appicode. Tholayavattam Post

2. R.SURESH S/O.Rajaiyan Paraiyanvilai Veedu Appicode. Tholayavattam Post

3. S.NAGESHWARI W/o.Late.R.Satheesh Kumar Door No.18/17 Paraiyanvilai Veedu Appicode. Tholayavattam Post

4. MINOR.S.N.VASHIKA ABIRAMI D/o.Late.R.Satheesh Kumar Door No.18/17 Paraiyanvilai Veedu Appicode. Tholayavattam Post Kanyakumari District. (Proposed Minor Appellants 4 and 5 represented by their mother / Guardian the proposed 3rd Appellant herein).

5. MINOR.S.N.HARSON RAJAH S/o.Late.R.Satheesh Kumar Door No.18/17 Paraiyanvilai Veedu Appicode. Tholayavattam Post Kanyakumari District. (Proposed Minor Appellants 4 and 5 represented by their mother / Guardian the proposed 3rd Appellant herein).

6. RAJAIYAN W/o.Not Known Door No.18/17 Paraiyanvilai Veedu Appicode. Tholayavattam Post Kanyakumari District. (Proposed Minor Appellants 4 and 5 represented by their mother / Guardian the proposed 3rd Appellant herein).

7. SUNDARI W/o.Rajaiyan Door No.18/17 Paraiyanvilai Veedu Appicode. Tholayavattam Post

Petitioner(s) Vs

1. P.Baskaran S/o.Ponnumani Nadar Appicode, Parainindran Vilai Killiyoor, Killiyoor Village Respondent(s) For Petitioner(s):

M.P.Senthil For Respondent(s):

M/s. C. Godwin For Sole Respondent (in SA) Prayer in C.M.P.(MD)No.20129 / 2025:

To set aside the abatement caused due to the death of 1st appellant viz., R.Satheesh Kumar in the above Second appeal in S.A.(MD).No.506 of 2020 and pass such further or other orders, as this Honourable Court may deems fit and proper in the circumstances of the case and thus render justice. Prayer in C.M.P.(MD)No.20130 / 2025:

To bring on record the petitioners 3 to 7 herein as the legal heirs of deceased 1st appellant viz., R.Satheesh Kumar and rank them as appellants 3 to 7 in the above second appeal in S.A.(MD)No.506 of 2020 and pass such further or other orders, as this Honourable Court may deems fit and proper in the circumstances of the case and thus render justice.

ORDER

Petitions have been filed to set aside the abatement caused due to the death of the first appellant and to bring on record the petitioners 3 to 7 as the legal heirs of the deceased first appellant as appellants 3 to 7 in the present

Second Appeal.

2.The application has been filed in time and there is no delay. Also, there is no serious objection from the respondent. 3.Independently, I have gone through the affidavit and satisfied that the abatement has to be set aside to enable the appellants to prosecute the Second Appeal.

4.Accordingly, these Civil Miscellaneous Petitions are ordered. 5.Registry is directed to carry out the necessary amendments in the cause title and list the main Second Appeal for hearing on 02.04.2026. 12-03-2026 MR To

1. P.Baskaran S/o.Ponnumani Nadar Appicode Parainindran Vilai