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K.Deenadayalan (Deceased) v. Miss N.v.Banumathy

Madras HC8 Aug 2025CMP/12043/2023

Case brief

AI extract

What is this about?

Condonation of delay of 1144 days; application to set aside abatement; abatement set aside; legal representatives brought on record as further appellants; death of sole appellant K.Deenadayalan on 17.11.2019; Second Appeal S.A.No.1303 of 2009; CMP Nos.12043, 12045 & 12050 of 2023; applicants led by Mrs.Poongodi; respondents led by Miss N.V.Banumathy; counsel Prakash Goklaney (applicants), A.Palaniappan (R1), G.Ameedius Government Advocate (R2), R.Revathy (R3), G.Hemalatha Gajapathy Standing Counsel (R4, R5), M.P.Mohandass (R6, R7); Madras High Court; Justice C.V. Karthikeyan; order dated 08-08-2025.

What did the court decide?

All three applications allowed: delay of 1144 days in filing the application to set aside abatement condoned; abatement set aside; legal representatives brought on record as further appellants in S.A.No.1303 of 2009.

K.Deenadayalan (Deceased) Vs Miss N.v.Banumathy — Madras HC (2025) — LawSathi Research

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CMP Nos.12043, 12045 & 12050 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08-08-2025

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CORAM

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THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN CMP Nos.12043, 12045 & 12050 of 2023 in S.A.No.1303 of 2009

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K.Deenadayalan (Deceased) 1.Mrs.Poongodi, Door No.3/6, Rajeshvarinagar Main Road, Karambakkam, Porur, Chennai-600116 and 2 Others

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Applicants in all petitions

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Miss N.V.Banumathy D/o N.Venkatasubbu, LIG Block, No.7c, Bharathidasan, K.K.Nagar, Chennai-600078 and 6 Others

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Respondents in all petitions

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In all petitions For Applicants:

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Mr.Prakash Goklaney

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For Respondents:

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Mr.A.Palaniappan for R1 Mr.G.Ameedius, Government Advocate for R2 Ms.G.Hemalatha Gajapathy Standing Counsel for R4 and R5 Ms.R.Revathy for R3 Mr.M.P.Mohandass for R6 and R7

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COMMON ORDER

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These three applications have been filed consequent to the death of

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the first appellant, to condone the delay of 1144 days in filing the application to set aside abatement, to set aside abatement and to bring on

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record his legal representatives as further appellants in the Second Appeal.

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

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CMP Nos.12043, 12045 & 12050 of 2023

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2. In the common affidavit filed in support of the three applications,

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it had been stated that the sole appellant had died on 17.11.2019. It had also been stated that the petitioners herein were not aware of the details of the proceedings and only when the Second Appeal was listed they came to know about the necessity to bring them on record. In view of all these factors, there has been a delay.

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3. Heard the learned counsel for the respondents also.

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4. Taking into consideration the facts and circumstances of the case,

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these applications are allowed and the delay in filing the application to set aside abatement stands condoned. The abatement is set aside and the legal representatives as stated in the applications are brought on record as further appellants in the second appeal.

08-08-2025

vum

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

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CMP Nos.12043, 12045 & 12050 of 2023

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