Allowed

Bashya Kara Adi Chenna Kesava Perumal Temple v. S.K.Dharmalingam and 9 Others

Madras HC15 Sept 2025A/3869/2025

Case brief

AI extract

What is this about?

Temple plaintiff sought condonation of a long delay, setting aside of abatement on the death of the fourth defendant, and impleading his legal representatives in a pending suit. The legal representatives were served but did not appear. The court allowed all applications to remove technical difficulties in the suit's conduct.

What did the court decide?

Delay of 2965 days condoned; abatement set aside; legal representatives impleaded as defendants; amendment within two weeks; no costs.

Bashya Kara Adi Chenna Kesava Perumal Temple… — Civil Procedure and Limitation | Madras HC (2025)

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A. Nos. 3869 to 3871 of 2025 in C.S. No. 246 of 2006 and C.S. No. 246 of 2006

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.09.2025

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CORAM

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THE HONOURABLE Dr. JUSTICE R.N.MANJULA

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A. Nos. 3869 to 3871 of 2025 in C.S. No. 246 of 2006 and C.S. No. 246 of 2006

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Arulmigu Bashya Kara Adi Chenna Kesava Perumal Temple, Rep. by its Executive Officer, West Mambalam, Chennai 600 033 ... Applicant in all Applications

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Vs.

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1.S.K.Dharmalingam

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2.The Chief Commissioner II, Income Tax Department, Office of the Commissioner of Income Tax, Chennai.

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3.V.Sukumar

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4.D.Gnanasekaran

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5.Kalalakshmi

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6.Lalitha

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7.Sujatha

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8.Suresh Kumar

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9.Kokila 10.Sugunammal ... Respondents in all Applications

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Page 1 of 4

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

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A. Nos. 3869 to 3871 of 2025 in C.S. No. 246 of 2006 and C.S. No. 246 of 2006

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PRAYER in A No. 3869 of 2025:-

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To condone the delay of 2965 days in filing the Application to set aside the abatement caused by the Death of the 4th Defendant D.Gunasekaran in the above C.S.No.246 of 2006.

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PRAYER in A No. 3870 of 2025:-

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To set aside the abatement caused by the Death of the 4th Defendant D.Gunasekaran in the above C.S.No.246 of 2006.

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PRAYER in A No. 3871 of 2025:-

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To bring on record the following persons Respondents 5 to 10 herein namely 1.Kalalakshmi 2.Lalitha 3.Sujatha 4. Suresh Kumar 5.Kokila 6. Suganammal as the legal representatives of the deceased D.Gunasekaran, the 4th Defendant and rank them as Defendants 6 to 11 in the above C.S.No.246 of 2006.

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For applicant : Mr. M.Vijayakumar (in all Applications)

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C O M M O N O R D E R

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These applications have been filed to condone the delay in filing steps

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for the deceased 4^th defendant, to set aside the abatement and also t o bring

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legal representatives on record.

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2. Despite notice served on the legal representatives of the deceased 4^th defendant /proposed parties are going to be the newly impleaded parties and the affidavit of service had also been filed, no representation for the legal representatives of the deceased 4^th defendant.

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Page 2 of 4

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

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A. Nos. 3869 to 3871 of 2025 in C.S. No. 246 of 2006 and C.S. No. 246 of 2006

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3. Taking into consideration of removing the technical difficulties in

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the course of conduction of the suit, these applications are allowed. No costs.

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4. Amended to be carried out within a period of two weeks.

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5 . Let the amended copy of the plaint be filed within a period of two

weeks.

15.09.2025 3/3

Maya

Page 3 of 4

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

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A. Nos. 3869 to 3871 of 2025 in C.S. No. 246 of 2006 and C.S. No. 246 of 2006

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Dr.R.N.MANJULA, J.

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Maya

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A. Nos. 3869 to 3871 of 2025 in C.S. No. 246 of 2006 and C.S. No. 246 of 2006

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Dated : 15.09.2025 3/3

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Page 4 of 4

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

Bashya Kara Adi Chenna Kesava Perumal Temple v. S.K.Dharmalingam and 9 Others

Case brief

What is this about?

What did the court decide?

Bashya Kara Adi Chenna Kesava Perumal Temple v. S.K.Dharmalingam and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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