P.Subramani(Died) v. Rajammal

Madras HC19 Feb 2025CMP/1117/2017

Case brief

AI extract

What is this about?

Condonation of delay of 909 days; abatement set aside; death of sole appellant P.Subramani on 22.09.2013; legal heirs impleaded as appellants 2 to 6; second appeals SA.No.644/2008 and SA.No.645/2008; registered Release Deed dated 13.11.1995 Doc.No.548/1995; proposed respondents Kalyani and Megala; notice dispensed with; suit property at Pandiyarajan Street, Salem; Madras High Court; Justice S. S. Sundar; decision date 19-02-2025.

What did the court decide?

Delay of 909 days condoned; abatement set aside; legal heirs impleaded as appellants 2 to 6 in SA.Nos.644 and 645 of 2008; proposed respondents shown on record (respondents 2 and 3 in SA.No.644/2008; respondents 9 and 10 in SA.No.645/2008) with appellants giving up their claims against them; notice to proposed respondents dispensed with; petitions ordered. ¶¶92

P.Subramani(Died) Vs Rajammal — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶92

Issue for consideration

Whether the delay of 909 days in filing the petitions to set aside the abatement (caused by the death of sole appellant P.Subramani) should be condoned. +2 more

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Court's answer

The Court found that the petitioners had given sufficient reasons and condoned the delay of 909 days in filing the petitions to set aside the abatement.

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Ratio / Principle

Since notice was served on all contesting respondents and none responded, the Court took their silence as indicating no objection to the applications.

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Key takeaways

With no dispute as to the relationship between the parties, all the petitions were ordered — i.e., the delay was condoned, the abatement was set aside, and the legal heirs were brought on record as appellants 2 to 6 in SA.Nos.644 and 645 of 2008.ratio¶¶92
Recording that the appellants brought on record had given up their claims against the proposed respondents (who had executed a release deed in respect of their shares), notice to the proposed respondents was dispensed with.ratio¶¶90

Detailed headnote1 paragraphs

Madras High Court (S. S. Sundar, J.), common order dated 19-02-2025 in CMP.Nos.1117-1119/2017 in SA.No.644/2008 and CMP.Nos.1120-1122/2017 in SA.No.645/2008: The sole appellant P.Subramani died on 22.09.2013, causing abatement of the second appeals. His legal heirs sought condonation of a 909-day delay in filing petitions to set aside the abatement and their impleadment as appellants 2 to 6, with the proposed respondents (wife and daughter of the deceased son of the sole appellant) to be added as respondents 2 and 3 in SA.No.644/2008 and respondents 9 and 10 in SA.No.645/2008. The proposed respondents had released their rights in the suit property by a registered Release Deed dated 13.11.1995 (Doc.No.548/1995) in favour of the deceased appellant, and counsel filed a Memo that the appellants gave up their claims against them. Notice served on the contesting respondents drew no response. Finding sufficient reasons, the Court condoned the delay, ordered the petitions (set aside abatement and impleaded appellants 2 to 6), and dispensed with notice to the proposed respondents.

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CMP NO. 1117 of 2017

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19-02-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. S. SUNDAR

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CMP NO. 1117 of 2017

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AND

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CMP NO. 1118 OF 2017,CMP NO. 1122 OF 2017,SA NO. 644 OF 2008,CMP NO. 1119 OF 2017,CMP NO. 1120 OF 2017,CMP NO. 1121 OF 2017,SA NO. 645 OF 2008

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P.Subramani(died) . and 5 Others

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Appellant(s)

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RAJAMMAL W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1 and 2 Others

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Respondent(s)

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CMP NO. 1118 of 2017

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P.Subramani(died) . and 5 Others

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Appellant(s)

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RAJAMMAL W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1 and 2 Others

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Respondent(s)

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

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CMP NO. 1122 of 2017

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P.Subramani(died) . and 5 Others

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Appellant(s)

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Madurai Veeran@pandiyan S/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1 and 9 Others

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Respondent(s)

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SA NO. 644 of 2008

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P. Subramani S/o. Late Perumal Pandiya Rajan Street Salem- 1.

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Appellant(s)

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RAJAMMAL W/o. Late Ramasamy Door No 41-b Pandiya Rajan Street Salem- 1.

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Respondent(s)

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CMP NO. 1119 of 2017

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P.Subramani(died) . and 5 Others Appellant(s) Vs RAJAMMAL W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1 and 2 Others

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Appellant(s) Vs

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Respondent(s) CMP NO. 1120 of 2017

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P.Subramani(died) . and 5 Others Appellant(s)

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

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Vs Madurai Veeran@pandiyan S/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1 and 9 Others

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Respondent(s)

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CMP NO. 1121 of 2017

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P.Subramani(died) . and 5 Others

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Appellant(s)

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Madurai Veeran@pandiyan S/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1 and 9 Others

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Respondent(s)

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SA NO. 645 of 2008

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P.Subramani S/o. Late Perumal, Pandiya Rajan Street, Salem-1.

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Appellant(s)

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Madurai Veeran @ Pandian S/o. Late Ramasamym, 41-b, Pandiyarajan Street, Salem-1. and 7 Others

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Respondent(s)

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CMP NO. 1117 of 2017

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For Appellant(s): M/s P.Jagadeesan S.Sundar Raj For Respondent(s): Rr2 & 3 - Insufficient Address

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CMP NO. 1118 of 2017

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For Appellant(s): M/s P.Jagadeesan

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

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S.Sundar Raj Rr2 & 3 - Insufficient Address For Respondent(s):

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CMP NO. 1122 of 2017

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For Appellant(s): M/s P.Jagadeesan S.Sundar Raj Rr2 & 3 - Insufficient Address For Respondent(s):

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SA NO. 644 of 2008

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For Appellant(s): M/s P.Jagadeesan M/s. P. Jagadeesan S.Sundar Raj S. Sundar Raj J. Prakasam ----Sole Appellant - Died ( Steps Taken ) M/s R.LoganathanFor Sole Respt. For Respondent(s):

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CMP NO. 1119 of 2017

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For Appellant(s): M/s P.Jagadeesan M/s. P. Jagadeesan S.Sundar Raj S. Sundar Raj J. Prakasam ----Sole Appellant - Died ( Steps Taken ) Rr2 & 3 - Insufficient Address For Respondent(s):

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

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CMP NO. 1120 of 2017

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For Appellant(s): M/s P.Jagadeesan M/s. P. Jagadeesan S.Sundar Raj S. Sundar Raj J. Prakasam ----Sole Appellant - Died ( Steps Taken ) Rr9 & 10 - Insufficient Address For Respondent(s):

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CMP NO. 1121 of 2017

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For Appellant(s): M/s P.Jagadeesan M/s. P. Jagadeesan S.Sundar Raj S. Sundar Raj J. Prakasam ----Sole Appellant - Died ( Steps Taken ) Rr9 & 10 - Insufficient Address For Respondent(s):

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SA NO. 645 of 2008

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For Appellant(s): M/s P.Jagadeesan M/s. P. Jagadeesan M/s.P.Jagadeesan S.Sundar Raj S. Sundar Raj J. Prakasam ----Sole Appellant - Died ( Steps Taken ) S.A.Sundar Raj J.Prakasam --------

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

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M/s R.LoganathanFor R1 To R8 For Respondent(s):

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COMMON ORDER

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CMP.Nos.1117, 1118 and 1119/2017 in SA.No.644/2008 are filed to

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condone the delay of 909 days in filing the petition to set aside the abatement caused due to the death of sole appellant, P.Subramani ; to set aside the abatement and to bring on record, the proposed appellants as appellants 2 to 6 and the proposes respondents 2 and 3 as respondents 2 and 3 in the second appeal in SA.No.644/2008.

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2.CMP.Nos.1120, 1121 and 1122/2017 in SA.No.645/2008 are filed to condone the delay of 909 days in filing the petition to set aside the abatement caused due to the death of sole appellant, P.Subramani ; to set aside the abatement and to bring on record, the proposed appellants as appellants 2 to 6 and the proposes respondents 9 and 10 as respondents 9 and 10 in the second appeal in SA.No.645/2008.

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3.The sole appellant by name P.Subramani died on 22.09.2013 and his legal heirs have filed the above applications in CMP.Nos.1119 & 1122/2017 to implead themselves as appellants 2 to 6 in the above second appeals. It is admitted that the proposed respondents 2 and 3 in SA.No.644/2008 /

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proposed respondents 9 and 10 in SA.No.645/2008 are also the legal heirs

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

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of the deceased sole appellant and therefore, they were also to be shown as respondents 2 and 3 in SA.No.644/2008 and as respondents 9 and 10 in

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SA.No.645/2008.

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4.Today, the learned counsel for the appellant filed a Memo stating that the proposed petitioners may be permitted to give up the appeals as against the proposed respondents. It is stated that the proposed respondents who are the wife and daughter of the deceased son of the deceased sole appellant have released their rights in the suit property by way of a registered Release Deed dated 13.11.1995 vide Doc.No.548/1995 in respect of the suit property in favour of the deceased appellant.

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5.Since notice is served on all the contesting respondents and no one has responded, this Court is of the view that they have no objection. The petitioners have given sufficient reasons to the satisfaction of this Court to condone the delay of 909 days in filing the petition to set aside the abatement caused due to the death of sole appellant.

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6.Despite notice is served on the 1^st respondent, none appeared. As regards the proposed respondents, it is stated that they had executed a Release Deed in respect of their share in the suit property and therefore, appellants 2 to 6 who have now been brought on record in the appeal, are the absolute owners of the property and hence, the learned counsel for the appellants also filed a Memo stating that the appellants are giving up as against the proposed

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

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respondents.

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7.Recording the fact that the appellants who have now been brought on

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record have given up their claim as against the proposed respondents, notice

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to the proposed respondents is dispensed with.

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8.Having regard to the facts narrated and there is no dispute with regard to

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the relationship between the parties, these petitions are ordered.

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19-02-2025

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CMP NO. 1117 of 2017

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RAJAMMAL W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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KALYANI W/o Late Gopi, Pandiyarajan Street, Salem -1

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MEGALA

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W/o Mathi, Pandiyarajan Street, Salem -1

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CMP NO. 1118 of 2017

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RAJAMMAL

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W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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KALYANI W/o Late Gopi, Pandiyarajan Street, Salem -1

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MEGALA W/o Mathi, Pandiyarajan Street, Salem -1

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

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CMP NO. 1122 of 2017

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Madurai Veeran@pandiyan

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S/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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2. MOHAN

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S/o Late Ramasamy Sanniyasigundu Main Road, Kitchipalayam, Sanniyasigundu Extension, Salem - 15

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3. PUSHPA

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D/o Late Ramasamy, W/o Sellamuthu, Perumal Koil St, Sesanchavadi, Valapadi Tk, Salem Tk

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4. SUSEELA

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D/o Late Ramasamy, Periyakottai, Thirupathur And Po, North Arcot Dist

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KALAVATHI

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D/o Late Ramasamy, Backside Of Palace Theatre, Salem-1

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6. SHANTHI

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D/o Late Ramasamy, Gopalapuram Village, Malliyakarai Via, Attur Tk, Salem Dist

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7. MUTHAMIL

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D/o Late Ramasamy, 36, Pudu St, No. Ii, Kitchipalayam, Salem-15

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RAJAMMAL

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W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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KALYANI

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W/o Late Gopi Pandiyarajan Street, Salem -1

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MEGALA

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W/o Mathi, Pandiyarajan Street, Salem -1

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SA NO. 644 of 2008

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RAJAMMAL

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W/o. Late Ramasamy Door No 41-b Pandiya Rajan Street Salem- 1.

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

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CMP NO. 1119 of 2017

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1. RAJAMMAL

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W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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KALYANI

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W/o Late Gopi, Pandiyarajan Street, Salem -1

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MEGALA

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W/o Mathi, Pandiyarajan Street, Salem -1

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CMP NO. 1120 of 2017

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Madurai Veeran@pandiyan

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S/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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2. MOHAN

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S/o Late Ramasamy Sanniyasigundu Main Road, Kitchipalayam, Sanniyasigundu Extension, Salem - 15

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3. PUSHPA

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D/o Late Ramasamy, W/o Sellamuthu, Perumal Koil St, Sesanchavadi, Valapadi Tk, Salem Tk

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4. SUSEELA

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D/o Late Ramasamy, Periyakottai, Thirupathur And Po, North Arcot Dist

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5. KALAVATHI

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D/o Late Ramasamy, Backside Of Palace Theatre, Salem-1

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6. SHANTHI

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D/o Late Ramasamy, Gopalapuram Village, Malliyakarai Via, Attur Tk, Salem Dist

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7. MUTHAMIL

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D/o Late Ramasamy, 36, Pudu St, No. Ii, Kitchipalayam, Salem-15

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8. RAJAMMAL

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W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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9. KALYANI

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

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W/o Late Gopi Pandiyarajan Street, Salem -1

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MEGALA W/o Mathi, Pandiyarajan Street, Salem -1

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CMP NO. 1121 of 2017

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Madurai Veeran@pandiyan

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S/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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2. MOHAN

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S/o Late Ramasamy Sanniyasigundu Main Road, Kitchipalayam, Sanniyasigundu Extension, Salem - 15

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3. PUSHPA

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D/o Late Ramasamy, W/o Sellamuthu, Perumal Koil St, Sesanchavadi, Valapadi Tk, Salem Tk

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4. SUSEELA

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D/o Late Ramasamy, Periyakottai, Thirupathur And Po, North Arcot Dist

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KALAVATHI

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D/o Late Ramasamy, Backside Of Palace Theatre, Salem-1

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6. SHANTHI

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D/o Late Ramasamy, Gopalapuram Village, Malliyakarai Via, Attur Tk, Salem Dist

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7. MUTHAMIL

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D/o Late Ramasamy, 36, Pudu St, No. Ii, Kitchipalayam, Salem-15

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8. RAJAMMAL

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W/o Late Ramasamy, D.No. 41-b, Pandiyarajan Street, Salem -1

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9. KALYANI

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W/o Late Gopi Pandiyarajan Street, Salem -1

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10. MEGALA

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W/o Mathi, Pandiyarajan Street, Salem -1

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

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SA NO. 645 of 2008

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1. Madurai Veeran @ Pandian

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S/o. Late Ramasamym, 41-b, Pandiyarajan Street, Salem-1.

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2. MOHAN

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S/o. Late Ramasamy, Sanniyasigundu Main Road, Kitchipalayam, Sanniyasingundu Extension, Salem-15.

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3. PUSHPA

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D/o. Late Ramsamy, W/o.Sellamuthu, Peruimal Koil Street, Sesanchavadi, Valapadi Taluk, Salem Dist.

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4. SUSEELA

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D/o. Late Ramasamy, W/o.Thirunavukarasu, Periyakonachi, Kollakottai, Thirupathur & Post, North Arcot Dist.

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5. KALAVATHI

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D/o. Latre Ramasamy, W/o.Govindaraj Prab Road, Backside Of Palace Theatre, Salem-1.

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6. SHANTHI

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D/o. Late Ramasami, W/o. Murugesan, Gopalapuram Village, Malliyakarai Via, Attur Taluk, Salem Dist.

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7. MUTHAMIL

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D/o. Late Ramasamy, W/o.Iyyanar, 36, Pudu Street, No.Ii, Kitchipalayam, Salem-15.

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8. RAJAMMAL

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W/o. Late Ramasamy, Door No.41-b, Pandiya Rajan Street, Salem-1.

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

P.Subramani(Died) v. Rajammal

Case brief

What is this about?

What did the court decide?

P.Subramani(Died) v. Rajammal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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