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Sundaresan v. Subbaraya Gounder

Madras HC27 Jun 2025CMP/3111/2021

Case brief

AI extract

What is this about?

Condonation of delay of 542 days; setting aside abatement on death of sole appellant; impleadment of legal heirs as Appellants 2 and 3; death certificate and legal heir certificate produced; Madras High Court; C.M.P.Nos.3111-3113 of 2021; S.A.No.916 of 2016; Justice K. Kumaresh Babu; Namakkal parties.

What did the court decide?

Delay of 542 days condoned, abatement set aside, and petitioners 2 and 3 brought on record as legal representatives of the deceased sole appellant and arrayed as Appellants 2 and 3 in S.A.No.916 of 2016, with amendments to be carried out within two weeks and the matter to be listed after two weeks. ¶31

Sundaresan Vs Subbaraya Gounder — Madras HC (2025) — LawSathi Research

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CMP NO. 3111 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-06-2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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CMP Nos. 3111 to 3113 of 2021

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SA NO. 916 of 2016

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SUNDARESAN

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(died On 03.05.2018) and 2 Others

Appellant(s)

Subbaraya Gounder

(died On 10.12.2004) and 15 Others

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Respondent(s)

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For Appellant(s):

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Ma.P.Thangavel B.Devagi Thangavel M.Lokesh

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For Respondent(s):

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ORDER

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The Miscellaneous Petition in C.M.P.No.3111 of 2021 has been filed to condone the delay of

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542 days in filing the petition to set aside the abatement caused due to the death of the Sole appellant namely Sundaresan in the above captioned Appeal.

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The Miscellaneous Petition in C.M.P.No.3112 of 2021 has been filed to set aside the

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

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abatement caused due to the death of the sole appellant namely Sundaresan in the above captioned Appeal.

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The Miscellaneous Petition in C.M.P.No.3113 of 2021 has been filed to bring on record the

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petitioners 2 & 3 herein as the legal representatives of the deceased/ sole appellant namely,

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Sundaresan in the above Second Appeal and arrayed as Appellants 2 and 3 in the above SA.

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Heard the learned counsel for the petitioners

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The petitioners have sought to implead themselves as proposed appellants being the legal

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heirs of the deceased sole appellant. In support of their claim, they have produced the death certificate and the legal heir certificate of the deceased appellant which substantiates their claim.

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In such view of the matter, since the claim of the petitioners are supported by material

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placed by them, I find no impediment if ordering the petition. Accordingly, the Civil Miscellaneous Petitions are ordered as prayed for. Necessary amendments shall be carried out

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

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27-06-2025

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within a period of two weeks.

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