District Collector v. R.Yousufkhan(Deceased)

Madras HC14 Aug 2025CMP/2600/2025

Case brief

AI extract

What is this about?

Condonation of delay; set aside abatement; death of respondents; Legal Representatives / Legal Heirs brought on record; Second Appeal S.A.No.399 of 2017; Madras High Court; C.M.P.Nos.2600, 2601, 2602, 2603, 2605, 2607, 2610, 2612 & 2613 of 2025; Additional Government Pleader Mr.T.Arunkumar for appellant; no appearance for respondents; Registry directed to amend Second Appeal; listing on 22.08.2025; no order as to costs.

What did the court decide?

All nine C.M.P.s ordered as prayed for: delays of 1776, 7011 and 240 days condoned; abatements caused by the deaths of respondents 1 to 3 in S.A.No.399 of 2017 set aside; Legal Representatives/Heirs brought on record (to be ranked as respondents 5 to 12, 13 to 16 and 7 to 24 respectively); no order as to costs; Registry directed to amend the Second Appeal and list it on 22.08.2025. ¶¶24

District Collector Vs R.Yousufkhan(Deceased) — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 1776 days in seeking to set aside the abatement caused by the death of the 1st respondent in S.A.No.399 of 2017 should be condoned, the abatement set aside, and the Legal Representatives of the deceased 1st respondent brought on record to be ranked as respondents 5 to 12. +2 more

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Ratio / Principle

Considering the averments made in the affidavits filed in support of these miscellaneous petitions and having been satisfied with the reasons stated therein, the Court ordered C.M.P.Nos.2600, 2601, 2602, 2610, 2612, 2613, 2603, 2605 & 2507 of 2025 in S.A.No.399 of 2017 as prayed for, i.e., the delays were condoned, the abatements set aside and the Legal Representatives/Heirs brought on record; there shall be no order as to costs.

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Key takeaways

Registry was directed to carry out the necessary amendments in the Second Appeal and to list the Second Appeal on 22.08.2025.ratio¶¶27

Detailed headnote1 paragraphs

Madras High Court, Common Order dated 14-08-2025 (K. Kumaresh Babu, J.) in C.M.P.Nos.2600, 2601, 2602, 2603, 2605, 2607, 2610, 2612 & 2613 of 2025 in S.A.No.399 of 2017: Allowed all nine Civil Miscellaneous Petitions — condoning delays of 1776, 7011 and 240 days respectively in seeking to set aside the abatements occasioned by the deaths of the 1st, 2nd and 3rd respondents in the Second Appeal; setting aside those abatements; and bringing on record the Legal Representatives/Legal Heirs of the deceased respondents (to be ranked as respondents 5 to 12, 13 to 16 and 7 to 24 as sought); no order as to costs. Registry directed to carry out the necessary amendments in the Second Appeal and list it on 22.08.2025.

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CMP NO. 2600 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14-08-2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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C.M.P.Nos.2600, 2601, 2602, 2603, 2605, 2607, 2610, 2612 & 2613 of 2025

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S.A.No.399 of 2017

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District Collector Tiruvannamalai, Tiruvannamalai District.Tiruvannamalai, Tiruvannamalai District. and 2 Others

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Appellant(s)

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R.Yousufkhan(deceased) M.Jabarullahkhan(Deceased), R.Musthafakhan(Deceased) 1.M.Shajahan, S/o Masthankhan, No -9, Chinnachayakkara Street, Kosapalayam, Arani Town, Tiruvannamalai District.Tiruvannamalai, Tiruvannamalai District. and 18 Others

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Respondent(s)

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For Appellant(s):

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Mr.T.Arunkumar (Additional Government Pleader) (in all C.M.Ps) For Respondent(s): No appearance (in all C.M.Ps)

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

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COMMON ORDER

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The present Civil Miscellaneous Petitions in C.M.P.Nos.2600, 2601 &

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2602 of 2025 have been filed to condone the delay of 1776 days in seeking to set aside the abatement caused due to the death of the 1^st respondent in the Second Appeal; to set aside the abatement caused due to the death of the 1^st respondent and to bring on record the Legal Representatives of the deceased 1^st respondent and rank them as respondents 5 to 12 in the Second Appeal.

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The Civil Miscellaneous Petitions in C.M.P.Nos.2610, 2612 and 2613 of 2025 have been filed to condone the delay of 7011 days in seeking to set aside the abatement caused due to the death of the 2^nd respondent; to set aside the abatement caused due to the death of the 2^nd respondent and to bring on record the Legal Representatives of the deceased 2^nd respondent and rank them as respondents 13 to 16 in the Second Appeal.

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The Civil Miscellaneous Petitions in C.M.P.Nos.2603, 2605 & 2607 of 2025 have been filed to condone the delay of 240 days in seeking to set aside the abatement caused due to the death of the 3^rd respondent; to set aside the abatement caused due to the death of the 3^rd respondent and to bring on record the Legal Heirs of the deceased 3^rd respondent and rank them as

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

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respondents 7 to 24 in the Second Appeal.

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Considering the averments made in the affidavits filed in support of

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these miscellaneous petitions and having been satisfied with the reasons stated therein, the C.M.P.Nos.2600, 2601, 2602, 2610, 2612, 2613, 2603, 2605 & 2507 of 2025 in S.A.No.399 of 2017 are ordered as prayed for. However, there shall be no order as to costs.

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14-08-2025

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(1/2)

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kak Note: Registry is directed to carry out the necessary amendments in the Second Appeal and list the Second Appeal on 22.08.2025.

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R.Yousufkhan(deceased) M.Jabarullahkhan(Deceased), R.Musthafakhan(Deceased) 1.M.Shajahan, S/o Masthankhan, No -9, Chinnachayakkara Street, Kosapalayam, Arani Town, Tiruvannamalai District.Tiruvannamalai, Tiruvannamalai District.

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2. Najmunisa

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W/o Yousufkhan, Res at No 30/2, Sabhaskkhan, Chetpet Road, 2nd Street, Arani Taluk, Tiruvannamalai District.

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3. Amitha Bee

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D/o Yousufkhan, Res at No 30/2, Sabhaskkhan, Chetpet Road, 2nd Street, Arani Taluk, Tiruvannamalai District.

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4. Sirajun Bee

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D/o Yousufkhan, Res at No 30/2, Sabhaskkhan, Chetpet Road, 2nd Street, Arani Taluk, Tiruvannamalai District.

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

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5. Najira Bee

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No 30/2, Sabhaskkhan, Chetpet Road, 2nd Street, Arani Taluk, Tiruvannamalai District.

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6. Munira Bee

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D/o Yousufkhan, Res at No 5, Sabashkan Street, Chetpet Road, Arani Taluk, Tiruvannamalai District.

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7. Mahboopkhan

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S/o Yousufkhan, Res at No 5, Sabashkan Street, Chetpet Road, Arani Taluk, Tiruvannamalai District.

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8. Jafar Khan

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S/o Yousufkhan, Res at No 5, Sabashkan Street, Chetpet Road, Arani Taluk, Tiruvannamalai District.

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9. Bhashira

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D/o Yousufkhan, Res at No 30/1, Sabhaskkhan, 2nd Street, Arani Taluk, Tiruvannamalai District.

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10. J.Noorjahan

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W/o O.Jabarullahkhan, Res at No 9, Periya kadai Street, Arani Taluk, Arani Street, Tiruvannamalai District.

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11. Asinabegam

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D/o Jabarullahkhan, Res at No 9, Periya kadai Street, Arani Taluk, Arani Street, Tiruvannamalai District.

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12. Hamidullakhan

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S/o Jabarullahkhan, Res at No 9, Periya kadai Street, Arani Taluk, Arani Street, Tiruvannamalai District.

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13. Mubharak

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S/o Jabarullahkhan, Res at No 9, Periya kadai Street, Arani Taluk, Arani Street, Tiruvannamalai District.

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14. Haribabi(Deceased)

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Umahani (Deceased), 14. Hanbasha, S/o Musthafakhan, Res at 4A, Sabashkhan Street, Chetpet Road, Arani Town, Tiruvannamalai District.

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15. Jamalbasha

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