Allowed

Ilangiyanthammal alias Ilangiyam (Died) 1. S.Mohan v. The Divisional Manager

Madras HC14 Aug 2024CMP(MD)/9972/2024

Case brief

AI extract

What is this about?

The Madurai Bench allowed three Civil Miscellaneous Petitions seeking to condone delay in challenging abatement caused by a respondent death and to bring legal heirs on record in an underlying Civil Miscellaneous Appeal.

What did the court decide?

Petitions to condone delay for suit to set aside abatement and to bring legal heirs on record were allowed and registry directed to make amendments.

Ilangiyanthammal alias Ilangiyam (Died) 1. S.Mohan Vs The… — Insurance | Madras HC (2024)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶2

Civil Appellate Jurisdiction

¶3

Wednesday, the Fourteenth day of August Two Thousand and Twenty Four

¶4

PRESENT

¶5

The HONOURABLE MR. JUSTICE P.VELMURUGAN

¶6

AND

¶7

The HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

¶8

CMP(MD). No.9972,9973 and 9975 of 2024 in

¶9

CMA(MD)SR.No.42106 of 2024

¶10

CMP(MD).No.9972,9973 and 9975 of 2024

¶11

Ilangiyanthammal Alias Ilangiyam (Died) 1. S.Mohan, S/o. Sadayapillai, 2. S.Chandhira

¶12

S.Indira 4. S.Saroja

¶13

... Petitioners 1 to 4

¶14

(in all the Petitions) - Vs. -

¶15

CMP(MD).No.9972,9973 and 9975 of 2024

¶16

The Divisional Manager

¶17

The New India Assurance Company Limited, 1st Floor,Amman Complex, Evn Road, Erode. ...1^st Respondent/Appellant 2. S.Suguna, ...2^nd Respondent/1^st Respondent 3. K.Murugan ... 3^rd Respondent/3^rd Respondent (in all the Petitions)

¶18

https://www.mhc.tn.gov.in/judis

¶19

Prayer in CMP(MD). 9972 of 2024:-

¶20

Civil Miscellaneous Petition filed under Section 5 of Limitation Act,to Condone the delay of 357 days in filing petition to set aside the abatement caused by ths death of 2nd respondent namely Ilangiyanthammal alias Ilangiyam in the above Civil Miscellaneous Appeal (MD) SR 42106/2024.

¶21

Prayer in CMP(MD).9973 of 2024 :-

¶22

Civil Miscellaneous Petition filed under Section 5 of Limitation Act,to set aside the abatement caused by the death of 2nd respondent namely Ilangiyanthammal alias Ilangiyam on 3.5.2023 in the above Civil Miscellaneous Appeal (MD) SR 42106/2024.

¶23

Prayer in CMP(MD).9975 of 2024:-

¶24

Civil Miscellaneous Petition filed to Bring on record the petitioners/proposed respondents 4 to 7 as legal heirs of deceased 2nd respondent namely Ilangiyanthammal alias Ilangiyam and rank them as respondents 4 to 7 in the above Civil Miscellaneous Appeal (MD) SR 42106/2024 and pass such further or other orders as this Honourable Court may deem fit and prope in the nature and circumstances of the case.

¶25

https://www.mhc.tn.gov.in/judis

¶26

ORDER:-

¶27

These Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.Suresh Kumar, Advocate for the Petitioner and having none for the respondent either in person or any Counsel, this Court made the following order:

¶28

These petitions have been filed to condone the delay of 357 days in filing the petition to set aside the abatement caused due to the death of second respondent namely Ilangiyanthammal @ Ilangiyam and to set aside the abatement caused due to the death of the Ilangiyanthammal @ Ilangiyam and to bring on record the petitioners herein/proposed respondents 4 to 7 as legal heirs of the deceased/second respondent namely Ilangiyanthammal @ Ilangiyam as respondents 4 to 7 in the above appeal.

¶29

The appellant died after pronouncing judgement and the petitioners have filed these petitions within time.

¶30

3.The learned counsel for the respondent has no serious objection to allow these petitions.

¶31

Being satisfied with the reasons stated in the affidavit filed in support of the petition, these petitions are ordered.

¶32

https://www.mhc.tn.gov.in/judis

¶33

Registry is directed to carry out the necessary amendments in the appeal.

¶34

Sd/-

¶35

Assistant Registrar (CS – III)

¶36

// True Copy //

¶37

/ /2025 Sub Assistant Registrar (CS – I/ II / III /IV)

¶38

¶39

The Divisional Manager The New India Assurance Company Limited 1st Floor Amman Complex Evn Road Erode.

¶40

Copy to:

¶41

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

¶42

ORDER DATED : 14/08/2024

¶43

========================== ORDER ==========================

¶44

CMP(MD). No.9972,9973 and 9975 of 2024 in CMA(MD)SR.No.42106 of 2024

¶45

Giving direction and etc. as stated within.

¶46

CT (16/06/2025) 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

¶47

https://www.mhc.tn.gov.in/judis

Ilangiyanthammal alias Ilangiyam (Died) 1. S.Mohan v. The Divisional Manager

Case brief

What is this about?

What did the court decide?

Ilangiyanthammal alias Ilangiyam (Died) 1. S.Mohan v. The Divisional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S. Venkatesh Vs Maheswari

Fr.I.Amalan Vs the District Collector

South India Mines & Minerals Vs the Central Government

The New India Assurance Vs Latha

The MANAGEMENT,Q-308PERUNKARAI Vs the Presiding Officer

I.Prakash Vs P.Anbalagan