Allowed¶44

G. Govindan Nair (Died) v. G. Vijayakumar

Madras HC10 Jun 2025CMP/9522/2024

Case brief

AI extract

What is this about?

Condonation of delay; setting aside abatement; bringing legal representatives on record; death of petitioner during pendency; Section 5 Limitation Act; Order 22 Rule 9(2) CPC; Order 22 Rule 3 CPC; C.M.P.No.21173 of 2018; A.S.No.1046 of 2012; Madras High Court; party-in-person respondent; petitions allowed; Registry directed to amend appeal papers.

What did the court decide?

All three CMPs allowed: delay of 1 day condoned, abatement set aside, and proposed petitioners brought on record as legal representatives of deceased G. Selvaraj; Registry directed to carry out the necessary amendment in the appeal papers. ¶44

G. Govindan Nair (Died) Vs G. Vijayakumar — Madras HC (2025) — LawSathi Research

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CMP.Nos.9522, 9524 & 9528 of 2024 in C.M.P.No.21173 of 2018 in A.S.No.1046 of 2012

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.06.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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CMP.Nos.9522, 9524 & 9528 of 2024

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in C.M.P.No.21173 of 2018 in A.S.No.1046 of 2012

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G. Govindan Nair (Died) G.Selvaraj (Died) 1. G. Jayaprakash

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... Petitioners / Petitioners / Respondents

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in all CMPs

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Paruvathikutty

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Sasidharan

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Sathish

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... Petitioners / Petitioners / Proposed Petitioners 4 to 6 in all CMPs

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Vs.

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G. Vijayakumar ... 1st Respondent / 1st Respondent / 1st Respondent in all CMPs

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The Regional Transport Authority, O/o The Regional Transport, Appar Street, Venkatesan Colony, Pollachi.

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Dhanalakshmi

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U.Umamaheshwari

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G.Saroja

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... Respondents / Respondents / Respondents 4 to 7 in all CMPs

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PRAYER IN CMP.No.9522 of 2024 : This Civil Miscellaneous Petition

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filed under Section 5 of Limitation Act, praying to condone the delay of 1 day in setting aside abatement caused due to the death of the petitioner, namely G.Selvaraj.

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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.9522, 9524 & 9528 of 2024 in C.M.P.No.21173 of 2018 in A.S.No.1046 of 2012

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PRAYER IN CMP.No.9524 of 2024 : This Civil Miscellaneous Petition filed under Order 22 Rule 9 (2) of CPC, praying to set aside abatement caused due to the death of the petitioner, namely G.Selvaraj.

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PRAYER IN CMP.No.9528 of 2024 : This Civil Miscellaneous Petition filed under Order 22 Rule 3 of CPC, praying to bring on record the proposed petitioners as legal repesentatives on the deceased petitioner, namely G.Selvarj and array them as petitioners 4 to 6 in C.M.P.No.21173 of 2018.

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For Petitioners : Mr.P.Dinesh Kumar in all CMPs For Respondents : Mr.G.Vijayakumar (Party - in - Person) for R1 in all CMPs

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COMMON ORDER

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CMP.No.9522 of 2024 has been filed to condone the delay of

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1 day in setting aside abatement caused due to the death of the petitioner, namely G.Selvaraj.

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CMP.No.9524 of 2024 has been filed to set aside abatement

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caused due to the death of the petitioner, namely G.Selvaraj.

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CMP.No.9528 of 2024 has been filed to bring on record the

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proposed petitioners as legal repesentatives on the deceased petitioner, namely G.Selvarj and array them as petitioners 4 to 6 in C.M.P.No.21173 of 2018.

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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.9522, 9524 & 9528 of 2024 in C.M.P.No.21173 of 2018 in A.S.No.1046 of 2012

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