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K. Arumugam (Died) 1. a. Yasotha v. K. Jayaraman

Madras HC3 Jul 2025CMP/4168/2025

Case brief

AI extract

What is this about?

Keywords: condonation of delay; 4712 days; abatement; set aside abatement; Order XXII Rule 9 (2) of CPC 1908; Order XXII Rule 4 of CPC 1908; Section 5 of Limitation Act; legal representatives; impleading; deceased second respondent Krishnaveni; A.S.No.813 of 2010; Madras High Court; Justice R. Sakthivel; civil miscellaneous petitions; amendment of appeal papers. Relevant for searches on revival of an abated appeal by impleading the legal representatives of a deceased respondent after a long delay.

What did the court decide?

All three CMPs allowed without costs: delay of 4712 days condoned; abatement of A.S.No.813 of 2010 set aside; legal representatives of the deceased second respondent Krishnaveni brought on record and ranked as respondents 6 to 8; Registry directed to carry out necessary amendment in the appeal papers. ¶37

K. Arumugam (Died) 1. a. Yasotha Vs K. Jayaraman — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 4712 days in filing the petition to set aside the abatement of appeal suit A.S.No.813 of 2010 should be condoned (CMP.No.4168 of 2025). +2 more

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Court's answer

Being satisfied with the reasons stated in the affidavits supporting the petitions and considering the submissions made on either side, the Court allowed the petitions, thereby condoning the delay of 4712 days (CMP.No.4168 of 2025).

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Ratio / Principle

The abatement of appeal suit A.S.No.813 of 2010 caused by the death of the second respondent, Krishnaveni, is set aside; CMP.No.4169 of 2025 is allowed.

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Key takeaways

The legal representatives of the deceased second respondent, Krishnaveni, are brought on record to be ranked as respondents 6 to 8 in A.S.No.813 of 2010; CMP.No.4171 of 2025 is allowed.ratio¶37

Detailed headnote1 paragraphs

Madras High Court (R. Sakthivel, J., 03.07.2025) - Common order allowing CMP.Nos.4168, 4169 & 4171 of 2025 arising out of appeal suit A.S.No.813 of 2010. CMP.No.4168 of 2025, filed under Section 5 of the Limitation Act, sought condonation of a delay of 4712 days in filing a petition to set aside the abatement of the appeal caused by the death of the second respondent, Krishnaveni. CMP.No.4169 of 2025, filed under Order XXII Rule 9 (2) of CPC 1908, sought setting aside of that abatement. CMP.No.4171 of 2025, filed under Order XXII Rule 4 of CPC 1908, sought to bring on record respondents 4 to 6 as the legal representatives of the deceased second respondent and rank them as respondents 6 to 8 in the appeal suit. On being satisfied with the reasons in the supporting affidavits and the submissions on either side, the Court allowed all three petitions without costs and directed the Registry to carry out the necessary amendment in the appeal papers.

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CMP.Nos.4168, 4169 & 4171 of 2025 in A.S.No.813 of 2010

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.07.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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CMP.Nos.4168, 4169 & 4171 of 2025

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in A.S.No.813 of 2010

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K. Arumugam (died) 1. A.Yasotha 2. A.Arunkumar 3. S.Suganya

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... Petitioners / Proposed Appellants 2 to 4 in all CMPs

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Vs.

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K.Jayaraman Krishnaveni (Died) 2. Jayalakshmi 3.Saraswathi

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... Respondent / First respondent in all CMPs

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... Respondents / Respondents 3 & 4 in all CMPs

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Devadass (died) 4. R.Ponnusamy 5. Tmt. Karuppurathinam 6. Tmt. Bagiya Lakshmi ... Respondents / Proposed respondents 6 to 8 in all CMPs 7. Pushpammal 8. Kannan 9. Nagendran ... Respondents / Proposed respondents 9 to 11 in all CMPs

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... Respondents / Proposed respondents 6 to 8 in all CMPs

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Page No.1 of 4

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

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CMP.Nos.4168, 4169 & 4171 of 2025 in A.S.No.813 of 2010

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PRAYER IN CMP.No.4168 of 2025 : This Civil Miscellaneous Petition

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filed under Section 5 of Limitation Act, praying to condone the delay of 4712 days in filing the above petition to set aside abatement caused due to the death of the second respondent, Krishnaveni in the above appeal suit in A.S.No.813 / 2010.

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PRAYER IN CMP.No.4169 of 2025 : This Civil Miscellaneous Petition filed under Order XXII Rule 9 (2) of CPC 1908, praying to set aside the abatement cause due to the death of the second respondent, Krishnaveni in the above appeal suit in A.S.No.813 of 2010.

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PRAYER IN CMP.No.4171 of 2025 : This Civil Miscellaneous Petition filed under Order XXII Rule 4 of CPC 1908, praying to bring on record the respondents 4 to 6 herein as the legal representatives of the deceased / the second respondent, Krishnaveni and rank them as the respondents 6 to 8 in the above appeal suit in A.S.No.813 of 2010.

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For Petitioners : Mr.P.M.Duraiswamy in all CMPs For Respondents : Mr.P.Raja for R1 to R4 in all CMPs

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COMMON ORDER

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CMP.No.4168 of 2025 has been filed to condone the delay of 4712 days in filing the above petition to set aside abatement caused due to the death of the second respondent, Krishnaveni in the above appeal suit.

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Page No.2 of 4

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

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CMP.Nos.4168, 4169 & 4171 of 2025 in A.S.No.813 of 2010

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CMP.No.4169 of 2025 has been filed to to set aside the abatement

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cause due to the death of the second respondent, Krishnaveni in the above

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appeal suit.

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CMP.No.4171 of 2025 has been filed to bring on record the

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respondents 4 to 6 herein as the legal representatives of the deceased / the second respondent, Krishnaveni and rank them as the respondents 6 to 8 in the above appeal suit.

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Heard Mr.P.M.Duraiswamy, learned counsel for the petitioners

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and Mr.P.Raja, learned counsel for the respondents 1 to 4.

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On being satisfied with the reasons stated in the affidavits filed

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in support of these petitions and also considering the submissions made on either side, this Court is inclined to allow these petitions. Accordingly, these petitions are allowed without costs.

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03.07.2025

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Note: Registry is directed to carry out necessary amendment in the appeal papers.

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Page No.3 of 4

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

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CMP.Nos.4168, 4169 & 4171 of 2025 in A.S.No.813 of 2010

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