Allowed¶40

Thangavel NAINAR(DECEASED),1. Asaimugam v. MUNIYAN(DECEASED),1. Sellayee

Madras HC4 Feb 2025CMP/23579/2024

Case brief

AI extract

What is this about?

Condonation of delay 705 days; setting aside abatement; admission of legal heirs/legal representatives as 2nd appellant; death of sole appellant Thangavel Nainar; proposed appellant Asaimugam; second appeal SA No. 1263 of 2008 (Villupuram/Kallakurichi district, civil); CMP Nos. 23579, 23584, 23585 of 2024; High Court of Judicature at Madras; Justice S. S. Sundar; order dated 04-02-2025; no representation for respondents at hearing of 24.01.2025; purely procedural miscellaneous petitions, no statutes or cases cited.

What did the court decide?

Delay of 705 days condoned; abatement set aside; legal representatives of the deceased appellant brought on record as 2nd appellant in SA No. 1263 of 2008. ¶40

Thangavel NAINAR(DECEASED),1. Asaimugam Vs MUNIYAN(DECEASED),1. Sellayee — Madras HC (2025) — LawSathi Research

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CMP NO. 23579 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04-02-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. S. SUNDAR

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CMP NO. 23579 of 2024

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AND

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SA NO. 1263 OF 2008,CMP NO. 23584 OF 2024,CMP NO. 23585 OF 2024

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THANGAVEL NAINAR(DECEASED),1. Asaimugam S/o. Thangavel Nainar(late), Kamaraj Colony, Kachirayapalayam, Chinna Salem Taluk, Kallakurichi District Appellant(s) Vs MUNIYAN(DECEASED),1. Sellayee Residing at Vadakkandal Village, Chinna salem Taluk, Kallakurichi District and 4 Others Respondent(s) SA NO. 1263 of 2008 Thangavel Nainar S/o Angamuthu Nainar Kamaraj Colony Kachirayapalayam Kallakurichi Tk 606 207 Villupuram Dist. Appellant(s) Vs SELLAYEE W/o. Muniyan Vadakkanandal Village Kallakurichi 606 207 Muniyan (deceased) and 4 Others Respondent(s) CMP NO. 23584 of 2024 THANGAVEL NAINAR(DECEASED),1. Asaimugam S/o. Thangavel Nainar(late), Kamaraj Colony, Kachirayapalayam, Chinna Salem Taluk, Kallakurichi district Appellant(s) Vs https://www.mhc.tn.gov.in/judis MUNIYAN(DECEASED),1. Sellayee

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Residing at Vadakkandal Village, Chinna salem Taluk, Kallakurichi District and 4 Others

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Respondent(s)

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CMP NO. 23585 of 2024

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THANGAVEL NAINAR(DECEASED),1. Asaimugam S/o. Thangavel nainar(Late), Kamaraj Colony, Kachirayapalayam, Chinnasalem Taluk, Kallakurichi District

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Appellant(s)

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MUNIYAN(DECEASED),1. Sellayee Residing at Vadakkandal Village, Chinna salem Taluk, Kallakurichi District and 4 Others

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Respondent(s)

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CMP NO. 23579 of 2024

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For Appellant(s):

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For And Fair Associates Rajeswari Karthikeyan M Karthikeyan R Kannan

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For Respondent(s):

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SA NO. 1263 of 2008

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For Appellant(s):

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M/s P.VajravelP.SenthilkumaranFor R1 To R5 For Respondent(s):

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CMP NO. 23584 of 2024

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For Appellant(s):

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FOR AND FAIR ASSOCIATES RAJESWARI KARTHIKEYAN M KARTHIKEYAN R KANNAN

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For Respondent(s):

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

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CMP NO. 23585 of 2024

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For Appellant(s): FOR AND FAIR ASSOCIATES RAJESWARI KARTHIKEYAN M KARTHIKEYAN R KANNAN

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For Respondent(s):

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ORDER

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These petitions are filed to condone the delay of 705 days in filing a petition to set

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aside abatement caused due to the death of the appellant, by name Mr.Thangavel Nainar; to set aside the abatement and to bring on record the proposed appellant, legal representatives of the deceased/appellant as the 2^nd appellant in the above second appeal.

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Since the proposed petitioner is the legal representative of the deceased sole appellant, this application has to be allowed. The delay is not alarming. There is no representation for the respondent when the matter was heard earlier on

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24.01.2025.

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Having regard to the fact that the delay has been properly explained in the affidavit filed in support of the petition in CMP.No.23579/2024, this Court is

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inclined to condone the delay.

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