P.Vallinayaki (Died) 1. Vyshaak R.B v. R.Thiruveragan

Madras HC11 Sept 2025CMP/22424/2025

Case brief

AI extract

What is this about?

Condonation of delay of 712 days; setting aside of abatement due to death of sole appellant P.Vallinayaki; impleadment of legal representatives as appellants 2 and 3; C.M.P.Nos.22424, 22428 & 22430 of 2025 in S.A.No.459 of 2019; Madras High Court; K. Rajasekar, J.; order dated 11.09.2025; no objection by respondent's counsel; Registry to amend cause title; main Second Appeal to be listed after two weeks.

What did the court decide?

Delay of 712 days condoned; abatement caused by the death of sole appellant P.Vallinayaki set aside; petitioners brought on record as her legal representatives as appellants 2 and 3 in S.A.No.459 of 2019; Registry directed to amend the cause title and list the main Second Appeal for hearing after two weeks. ¶¶15

P.Vallinayaki (Died) 1. Vyshaak R.B Vs R.Thiruveragan — Madras HC (2025) — LawSathi Research

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C.M.P.Nos.22424, 22428 & 22430 of 2025 in S.A.No.459 of 2019

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C.M.P.Nos.22424, 22428 & 22430 of 2025

S.A.No.459 of 2019

K. RAJASEKAR, J.

These Civil Miscellaneous Petitions have been filed by the appellant to condone the delay of 712 days in filing the Petitions to set aside the abatement caused due to the death of the deceased sole appellant in S.A.No.459 of 2019 and to bring the petitioners herein on record as the legal representatives of the deceased sole appellant viz., Vallinayaki as the appellants 2 and 3 in the above S.A.No.459 of 2019.

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Heard the learned counsel for the petitioners and perused the records available on record.

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The reasons stated in the affidavit filed in support of the condone delay petition is that, the proposed parties are not aware about the proceedings initiated before this Court for the death of the sole appellant and only recently they came to know about the proceedings to implead the legal representatives of the death of the sole appellant and thereafter they have verified the records and has come forward to proceed further with filing the petitions to set aside the abatement and to bring on record the legal representatives of the deceased sole appellant, however, there is a delay.

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The learned counsel for the respondent has no objection to allow these petitions.

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1/3

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

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C.M.P.Nos.22424, 22428 & 22430 of 2025 in S.A.No.459 of 2019

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Having satisfied the reasons stated in the affidavit filed in support of

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this petition, the aforesaid delay of 712 days in filing the the Petition to set aside the abatement caused by the death of the sole appellant in S.A.No.459 of 2019 is condoned. Consequently, the petitions filed for setting aside the abatement caused due to the death of the sole appellant namely P.Vallinayaki and to bring on record the petitioners as the legal representatives of the deceased sole appellant as the appellants 2 and 3 in the above S.A.No.459 of 2019 are also allowed.

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