Allowed¶34

Mrs. Kannammal alais Hamsaveni(died),1. Minor J Hashini v. Mr.a. Shanmugam

Madras HC19 Mar 2025CMP/17650/2024

Case brief

AI extract

What is this about?

Condonation of delay 1757 days S.5 Limitation Act; impleadment of legal heirs of deceased 6th respondent K.Suresh Masanappan under Order XXII Rule 4 r/w S.151 CPC; abatement set aside under Order XXII Rule 9 CPC; CMPs 17650-17652 of 2024 in A.S.No.924 of 2010 allowed; Madras High Court; C. Kumarappan, J.; order dated 19-03-2025; Registry to amend appeal.

What did the court decide?

Delay of 1757 days in filing the petition to bring on record the legal heirs of the deceased 6th respondent was condoned; the proposed parties 5 to 7 were brought on record as legal heirs of the deceased 6th respondent K.Suresh Masanappan and ranked as respondents 7 to 9; the abatement caused by the death of the 6th respondent was set aside; Registry directed to carry out necessary amendments in the appeal. ¶34

Mrs. Kannammal alais Hamsaveni(died),1. Minor J Hashini Vs Mr.a. Shanmugam — Madras HC (2025) — LawSathi Research

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C.M.P.Nos. 17650 to 17652 of 2024

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in A.S.No.924 of 2010

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-03-2025 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP Nos. 17650 to 17652 of 2024

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A.S.No. 924 of 2020

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Mrs. Kannammal alais Hamsaveni(died),1. Minor J Hashini Rep by her Custodian/Gurdian(Maternal Grandfather), K.Rajkumar, S/o. S.Kanniah, No.53/28, Arasamara Street, Avaramapalaym, Coimbatore-641 006, Miss.Attaiammal(died)

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Appellant(s)

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Mr.A. Shanmugam S/o. Ayyasamy, D.No.663, Subbiah Mudaliar Street, Thomas Street, Coimbatore-641 001 and 6 Others

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Respondent(s)

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Prayers:

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(i) CMP.No. 17650 of 2024 filed under Order XXII, Rule 9 of CPC., seeking to set aside the abatement caused due to the death of 6^th respondent in the above appeal.

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(ii) CMP.No. 17651 of 2024 filed u/s. 5 of the Limitation Act, seeking to condone the delay of 1757 days in filing the petition to bring on record the legal heirs of the deceased of 6^th respondent in the above said appeal.

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(iii) CMP.No. 17652 of 2024 filed u/o.XXII Rule 4 r/w sec.151 of the Code of Civil Procedure, seeking to bring on record the proposed parties 5 to 7 herein as the legal heir of the deceased 6^th respondent K.Suresh Masanappan in the above A.S.No. 924 of 2010 and rank them as the respondents 7 to 9 in the said appeal.

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1/4

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

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C.M.P.Nos. 17650 to 17652 of 2024

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in A.S.No.924 of 2010

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For Appellant(s) : Ms.V.S.Usharani For Respondent-1 : Mr.T.R.Rajaraman For RR4 and 5 : Mr.V.G.Suresh Kumar

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COMMON ORDER

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Civil Miscellaneous Petition No.17651 of 2024 has been filed

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seeking to condone the delay of 1757 days in filing the petition to bring on record the legal heirs of the deceased 6^th respondent in A.S.924 of 2010.

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1.1. Civil Miscellaneous Petition No.17652 of 2024 has been filed

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seeking bring on record the proposed parties 5 to 7 herein as the legal heir of the deceased 6^th respondent, namely, K.Suresh Masanappan in the above A.S.No. 924 of 2010 and rank them as respondents 7 to 9 in the said appeal.

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1.2. Civil Miscellaneous Petition No.17650 of 2024 has been filed

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seeking to set aside the abatement caused due to the death of 6^th respondent in A.S.No.924 of 2010.

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