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S.Mariammal v. P.Subramani

Madras HC14 Mar 2025CMP/8602/2023

Case brief

AI extract

What is this about?

Condonation of delay; 2068 days; abatement set aside; death of fourth respondent; Second Appeal SA No. 4 of 2008; Salem; S. Mariammal v. P. Subramani (deceased); costs Rs.2,000/-; Tamil Nadu Legal Services Authority; change of counsel; removal of earlier counsel names from cause list; Madras High Court; CMP No. 8602 of 2023; order dated 14-03-2025.

What did the court decide?

Condonation of the delay of 2068 days in filing the petition to set aside the abatement caused by the death of the fourth respondent in the Second Appeal, on payment of costs of Rs.2,000/- to the Tamil Nadu Legal Services Authority within two weeks from receipt of a copy of the order. ¶43

S.Mariammal Vs P.Subramani — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 2068 days in filing the petition to set aside the abatement caused by the death of the fourth respondent in the Second Appeal should be condoned.

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Court's answer

The Civil Miscellaneous Petition (CMP No. 8602 of 2023) to condone the delay of 2068 days in filing the petition to set aside the abatement is allowed.

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Ratio / Principle

The allowance is conditional on payment of costs of Rs.2,000/- to the Tamil Nadu Legal Services Authority within a period of two weeks from the date of receipt of a copy of the order.

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Key takeaways

Registry is directed to remove the names of the earlier counsel (S.Kalyanaraman and R.S.Mangalakumar) and print the names of the present counsel (S.B.Viswanathan, E.Muthunarayana Moorthy, E.Akila and K.Karthikeyan) for Appellants 1 to 5 in the cause list.obiter¶48

Detailed headnote1 paragraphs

Madras High Court (Sathi Kumar Sukumara Kurup, J.), 14-03-2025, in CMP No. 8602 of 2023 (connected: CMP Nos. 8603 and 8604 of 2023; SA No. 4 of 2008): S. Mariammal and 4 others, appellants in Second Appeal SA No. 4 of 2008 against P. Subramani (deceased) and others, sought condonation of a delay of 2068 days in filing a petition to set aside the abatement caused in the appeal by the death of the fourth respondent. Held, allowing CMP No. 8602 of 2023: on being satisfied with the reasons stated in the petitioner's affidavit, the delay stands condoned subject to payment of costs of Rs.2,000/- to the Tamil Nadu Legal Services Authority within two weeks of receipt of the order. Registry further directed to remove the names of the earlier counsel (S. Kalyanaraman and R.S. Mangalakumar) and to print the present counsel (S.B. Viswanathan, E. Muthunarayana Moorthy, E. Akila and K. Karthikeyan) for Appellants 1 to 5 in the cause list; case posted after two weeks.

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CMP NO. 8602 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE SATHI KUMAR SUKUMARA KURUP

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CMP NO. 8602 of 2023

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AND

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CMP NO. 8604 OF 2023,SA NO. 4 OF 2008,CMP NO. 8603 OF 2023

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S.Mariammal W/O. Late Siddan, No.15, Rasipuram Main Road, Attayampatty, Salem Taluk, Salem Dist. and 4 Others Appellant(s) Vs P.Subramani (deceased) and 12 Others Respondent(s) CMP NO. 8604 of 2023 S.Mariammal W/O. Late Siddan, No.15, Rasipuram Main Road, Attayampatty, Salem Taluk, Salem Dist. and 4 Others Appellant(s) Vs P.Subramani (deceased) and 12 Others Respondent(s) SA NO. 4 of 2008 S.Mariammal W/o. Late Siddan, No.15, Rasipuram Main Road, Attayampatty, Salem Taluk, Salem Dist. and 4 Others Appellant(s) Vs P.Subramani (deceased) S/o. Late Palaniappan, Near Jeva Statute, Jagir Ammapalayam, Salem Taluk. and 9 Others

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

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Respondent(s)

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CMP NO. 8603 of 2023

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S.Mariammal

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W/O. Late Siddan, No.15, Rasipuram Main Road, Attayampatty, Salem Taluk, Salem Dist. and 4 Others

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Appellant(s)

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P.Subramani (deceased) and 12 Others

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Respondent(s)

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CMP NO. 8602 of 2023

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For Appellant(s):

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M/s.S.B.Viswanathan E.Muthunarayana Moorthy E.Akila

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For Respondent(s):

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M/s.Zeenath Begum D.Sathya K.Ponmani Fo R2, R3, R5 To R9, R10 To R13 ------------------------------------------

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R1 & R4 - Died

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CMP NO. 8604 of 2023

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For Appellant(s):

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M/S.S.B.VISWANATHAN E.MUTHUNARAYANA MOORTHY E.AKILA

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For Respondent(s):

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SA NO. 4 of 2008

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For Appellant(s):

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M/S.S.B.VISWANATHAN E.MUTHUNARAYANA MOORTHY E.AKILA K.KARTHIKEYAN

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For Respondent(s):

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M/S.ZEENATH BEGUM FOR R2 3 5 TO 9 R1 AND R4 - DIED (STEPS TAKEN) VIDE COURT ORDER CMP'S.8602, 8603, 8604 / 2024

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

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(SUBMITTED FOR ORDERS) M/S.ZEENATH BEGUM D.SATHYA K.PONMANI FOR RR10 TO 13 (AWAIT CMP NO 8602 OF 2023)

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CMP NO. 8603 of 2023

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For Appellant(s): M/S.S.B.VISWANATHAN E.MUTHUNARAYANA MOORTHY E.AKILA

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For Respondent(s):

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ORDER

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This Civil Miscellaneous Petition has been filed to condone the delay of 2068 days in

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filing the Petition to set aside the abatement caused by the death of the fourth

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Respondent in the Second Appeal.

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On being satisfied with the reasons stated in the affidavit filed by the Petitioner, this

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Civil Miscellaneous Petition is allowed on payment of costs of Rs.2,000/- to the Tamil Nadu Legal Services Authority within a period of two weeks from the date of receipt of a copy of this Order.

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The learned Counsel for the Appellant submitted that he is appearing on change of counsel. He requested that the earlier Counsel names to be removed from the cause list.

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CMP also reflects the names of earlier Counsel viz., S.Kalyanaraman and

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

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R.S.Mangalakumar. The Second Appeal reflects the names of present Counsel viz.,

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S.B.Viswanathan, E.Muthunarayana Moorthy, E.Akila and K.Karthikeyan for Appellants 1 to 5. Registry is directed to remove the names of S.Kalyanaraman and R.S.Mangalakumar and print the names of S.B.Viswanathan, E.Muthunarayana

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Moorthy, E.Akila and K.Karthikeyan for Appellants 1 to 5 in the cause list.

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Post this case after two weeks.

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14-03-2025

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