Petitioner sought condonation of 675 days' delay, setting aside of abatement caused by the death of the fifth respondent, and impleading the deceased respondent's legal representatives in an Original Side Appeal. The Court found the delay properly explained and ordered all three petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP.Nos.16432 to 16434/2024 in OSA.No.214/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR
AND
THE HONOURABLE DR. JUSTICE A.D.MARIA CLETE
CMP.Nos.16432, 16433 & 16434/2024
in OSA.No.214/2023
K.Muthu .. Petitioner in all the petitions
Versus
T.Amudan Antony [Deceased] 1.K.Devi 2.A.A.Kumaran 3.A.A.Sastha Prabhu 4.A.A.Dayasankar A.A.Annaprabhu [deceased] 5A.A.Kala 6.A.A.Varalakshmi 7.S.P.Muthukumarasami 8.M.Anusaya Devi 9.Mrs.SAvithri B 10.Mrs.Bakkiyam 11.Miss Tamil Malar S.B. rep.by her mother & natural guardian Mrs.Savithiri B. .. Respondents in all petitions
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CMP.Nos.16432 to 16434/2024 in OSA.No.214/2023
**RR10 to 12 impleaded as LRs of deceased 1st plaintiff/1st applicant vide order dated 04.08.2021 in A.No.2592/2021
12.Sathiyapriya S 13.Minor A.S.Ramyasri rep.by her mother and legal guardian Mrs.Sathiyapriya S
.. Proposed respondents
Prayer in CMP.No.16432/2024: Petition filed under Order 14 Rule 8 of High Court Original Side Rules 1994 read with Section 5 of the Limitation Act, 1963, to condone the delay of 675 days in preferring an application to set aside the abatement of proceedings against the deceased 5th respondent in OSA.No.214/2023.
Prayer in CMP.No.16433/2024: Petition filed under Order 14 Rule 8 of High Court Original Side Rules 1994 read with Order XXII Rule 9 of CPC, 1908, to set aside the abatement of proceedings against the deceased 5th respondent in OSA.No.214/2023.
Prayer in CMP.No.16434/2024: Petition filed under Order 14 Rule 8 of High Court Original Side Rules 1994 read with Order XXII Rule 4 of CPC, 1908, to bring on record the proposed respondents 12 and 13 herein as the legal representatives of the 5th respondent, late Mr.A.A.Annaprabhu, in OSA.No.214/2023 and rank them as respondents 13 and 14 in the said Appeal.
2
CMP.Nos.16432 to 16434/2024 in OSA.No.214/2023
For Petitioner in all petitions : Mr.Thyriyambak J.Kannan For R2 in all petitions : Mr.S.Santhosh Kumar
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,]
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CMP.Nos.16432 to 16434/2024 in OSA.No.214/2023
(3)
(3) Hence, CMP.Nos.16432 to 16434/2024 in OSA.No.214/2023 are
ordered.
(4) Registry is to carry out necessary amendment in the cause title and post the Original Side Appeal for final hearing during November 2024.
[SSSRJ] [ADMCJ]
18.10.2024
AP Internet : Yes
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CMP.Nos.16432 to 16434/2024 in OSA.No.214/2023
S.S.SUNDAR, J., and A.D.MARIA CLETE, J.,
AP
CMP.Nos.16432 TO 16434/2024 IN OSA.No.214/2023
18.10.2024
5
2 issues framed by the court
Should the 675-day delay in filing a petition to set aside abatement against the deceased 5th respondent be condoned?
Should the abatement be set aside and the legal representatives of the deceased 5th respondent be impleaded in the OSA?
3 provisions across 2 enactments
K.Muthu
T.Amudan Antony [Deceased]
K.Devi
A.A.Kumaran
A.A.Sastha Prabhu
A.A.Dayasankar
S.S.Sundar
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
