M.A.D. Krishnasamy Vs Kamaraj Alias Raja (Died) 1. Banumathi — Madras HC (2025) — LawSathi Research

M.A.D. Krishnasamy Vs Kamaraj Alias Raja (Died) 1. Banumathi — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 691 days in filing the petition to set aside abatement condoned; abatement of CRP (NPD) No.3198 of 2016 set aside; respondents 18 and 19 (K. Geetha and K. Murugananth) permitted to be added as legal heirs of the deceased first respondent; registry directed to amend the cause title and list the CRP on 04.04.2025.

Issue for consideration

Whether the delay of 691 days in filing the petition to set aside the abatement caused by the death of first respondent R. Kamaraj alias Raja in CRP (NPD) No.3198 of 2016 should be condoned (C.M.P. No.14638 of 2024). +2 more

Court's answer

The Court, having satisfied itself with the reasons stated in the affidavit filed in support of the petitions, condoned the delay and allowed the petitions as prayed for.

Ratio / Principle

The abatement of CRP (NPD) No.3198 of 2016 caused by the death of first respondent R. Kamaraj alias Raja is set aside.

Key takeaways

Respondents 18 and 19 (K. Geetha, W/o. Kamaraj, and K. Murugananth, S/o. Late Kamaraj) are permitted to be brought on record as the legal heirs of the deceased first respondent in the civil revision petition.ratio¶75
The registry is directed to carry out the necessary amendment in the cause title and to list the civil revision petition on 04.04.2025.ratio¶76

Detailed headnote1 paragraphs

Madras High Court (N. Senthilkumar J., order dated 14-03-2025), CMP Nos. 14638 to 14640 of 2024 in CRP (NPD) No.3198 of 2016: Allowed as prayed for. The Court condoned the delay of 691 days in filing the petition to set aside the abatement of the civil revision petition caused by the death of its first respondent, R. Kamaraj alias Raja; set aside the abatement; and permitted the appellant (M.A.D. Krishnasamy) to bring on record respondents 18 and 19 - K. Geetha, W/o. Kamaraj, and K. Murugananth, S/o. Late Kamaraj - as the legal heirs of the deceased first respondent. The registry was directed to amend the cause title and the matter was listed for 04.04.2025. Notice had been ordered to the proposed parties on 02.08.2024, with AOS cards filed and both proposed heirs recorded as served. No statute or precedent is discussed; the order rests solely on satisfaction with the reasons in the supporting affidavit.

CMP No. 14638 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-03-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

CMP Nos.14638 to 14640 of 2024

in

CRP NO. 3198 OF 2016

M.A.D. Krishnasamy

S/o. M.A Duraisamy, No.90/49, C.C.Road, Dadhubaikuttai, Salem - 001.

Appellant(s)

Vs

Kamaraj Alias Raja (died) 1. Banumathi

D/o. Late Ramalingam, W/o. Mariappan, 293/108, Narasimhan Road, Ponnusamy Pillai Kadu, Shevapet, Salem - 002.

2.S. Gomathi

D/o. Late Ramalingam, W/o. Shanmugam, Vaiyapuri Kombai, Bommiyampati, Omalur Tk, Salem Dt.

3.Selvi Devika

D/o. Late Ramalingam,

Uppilikkampatti Post, Deevatipati - https://www.mhc.tn.gov.in/judis

CMP No. 14638 of 2024

Via., Salem Dt.

4.RATHNA

D/o. Late Ramalingam, D/o. Late. Ramalingam, C/o. Vithilingam Compound, D.no.7/2, O.no.14, Angala Amman Koil Street, 1 St Floor Avl Compount, Kitchipalayam, Salem.

5.KANDHAMANI

D/o.Late Ramalingam, W/o.Hari, Uppilikkampatti Post, Omalur Taluk, Salem Dist

6.KAMATCHI

W/o.Late Dayalan, No.32/1, Kanakkar Street, Opp.Santhi Agency, Near Ponni Paper Company, Kaliankuthu, Salem

7.MURUGESWARI

D/o.Dayalan, No.32/1, Kanakkar Street, Opp.Santhi Agency, Near Ponni Paper Company, Kaliankuthu, Salem

8.D.Iyyanar

S/o.Late Dayalan, No.32/1, Kanakkar Street, Opp.Santhi Agency, Near Ponni Paper Company, Kaliankuthu, Salem

9.THILAGAVATHI

D/o.Late M.A.Duraisamy, C.C.Road, Dadubaikuttai, Salem-1

10.CHANDRAVATHI

D/o.Late M.A.Duraisamy, C.C.Road,

https://www.mhc.tn.gov.in/judis Dadubaikuttai, Salem-1

CMP No. 14638 of 2024

11.VIJAYALAKSHMI D/o.Late M.A.Duraisamy, C.C.Road, Dadubaikuttai, Salem-1

12.SAVITHIRI

D/o.Late M.A.Duraisamy, C.C.Road, Daudbaikuttai Salem-1

13.KARTHIGA

W/o.Late Pandurangan, C.C.Road, Dadubaikuttai, Salem-1

14.P.Devi

D/o.Late Pandurangan, C.C.Road, Dadubaikuttai, Salem-1

15.16 Kavitha

D/o.Late Pandurangan, C.C.Road, Dadubaikuttai, Salem-1

16.P.Ramesh Babu

S/o.Late Pandurangan, C.C.Road, Dadubaikuttai, Salem-1

17.Suresh Babu

S/o.Late Pandurangan, C.C.Road, Dadubaikuttai, Salem-1

18.K. Geetha

W/o. Kamaraj, No.132, Siva Nagar, Sanyasi Kundu Road, Kichipalayam, Salem Dt - 015.

19.K. Murugananth

S/o. Late Kamaraj, No.132, Siva Nagar,

https://www.mhc.tn.gov.in/judis Sanyasi Kundu Road, Kichipalayam,

CMP No. 14638 of 2024

Salem Dt - 015.

Respondent(s)

PRAYER IN C.M.P. No.14638 of 2024

To condone the delay of 691 days in filing the petition to set aside the abatement caused by the death of the deceased 1st Respondent, namely R. Kamaraj alias Raja in the above CRP (NPD) No.3198 of 2016.

PRAYER in C.M.P. No.14639 of 2024

To set aside the abatement caused by the death of the deceased 1st Respondent, namely, R. Kamaraj alias Raja, in the above CRP (NPD) No.3198 of 2016.

PRAYER IN C.M.P. NO.14640 OF 2024

To permit the petitioner to bring the respondents 18 and 19 herein as the Legal heirs of the deceased 1st respondent, namely, R. Kamaraj alias Raja, as respondents in CRP (NPD) No.3198 of 2016.

For Appellant(s): K.Selvaraj For Respondent(s): Notice Ordered To Proposed Parties On 02.08.2024

Batta With Petition And Affidavide Due Reg Rr18 And 19

Not Ready In Notice Reg Rr18 And 19 Pvt Notice

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

Aos Filed Reg Rr18 And 19 - Served R-18 K. GEETHA W/o. Kamaraj, No.132, Siva Nagar, Sanyasi Kundu Road, Kichipalayam, Salem Dt - 015.

CMP No. 14638 of 2024

R-19 K. MURUGANANTH S/o. Late Kamaraj, No.132, Siva Nagar, Sanyasi Kundu Road, Kichipalayam, Salem Dt - 015.

ORDER

C.M.P. Nos.14638 to 14640 of 2024 have been filed to condone the delay

of 691 days in filing the petition to set aside the abatement caused by the death of the deceased 1st Respondent, namely R. Kamaraj alias Raja, to set aside the abatement and to bring on record the respondents 18 and 19 herein as the Legal heirs of the deceased 1st respondent, as respondents in the above civil revision petition.

Having satisfied with the reasons stated in the affidavit filed in support of these petitions, these petitions are allowed, as prayed for.

The registry is directed to carry out necessary amendment in the cause title and list the civil revision petition on 04.04.2025.

14-03-2025

Asr

Index:Yes/No Speaking/Non-speaking order Internet:Yes

https://www.mhc.tn.gov.in/judis Neutral Citation:Yes/No

CMP No. 14638 of 2024

N.SENTHILKUMAR J.

Asr

CMP Nos. 14638 to 14640 of 2024 in CRP No.3198 OF 2016

14-03-2025

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