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R. Anuradha v. S. Vasantha

Madras HC11 Nov 2025CMP(MD)/16875/2025

Case brief

AI extract

What is this about?

Condonation of 479-day delay; setting aside abatement caused by death of 3rd respondent in second appeal; impleading and ranking legal heirs (respondents 4 to 7) in S.A.(MD)No.128 of 2022; unopposed petitions; Registry directed to amend appeal memorandum and list with S.A.(MD)No.220 of 2023 on 25.11.2025; Madurai Bench of Madras High Court; P. Vadamalai, J.; decided 11-11-2025.

What did the court decide?

Delay of 479 days condoned; abatement caused by the death of the 3rd respondent set aside; respondent Nos.4 to 7 brought on record as legal heirs of the deceased 3rd respondent and ranked as respondent Nos.4 to 7 in S.A.(MD)No.128 of 2022; Registry directed to amend the appeal memorandum and list the appeal with S.A.(MD)No.220 of 2023 on 25.11.2025. ¶39

R. Anuradha Vs S. Vasantha — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 479 days in filing the petitions should be condoned, the abatement caused by the death of the 3rd respondent should be set aside, and respondent Nos.4 to 7 should be brought on record as her legal heirs in S.A.(MD)No.128 of 2022.

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Court's answer

Being satisfied with the reasons stated in the affidavits, the Court allowed the Civil Miscellaneous Petitions, thereby condoning the 479-day delay and permitting the setting aside of the abatement and the impleading of the legal heirs (respondent Nos.4 to 7); counsel for the proposed heirs and for respondent Nos.1 and 2 raised no objection.

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Ratio / Principle

The Registry was directed to carry out necessary amendments in the appeal memorandum and to list the appeal along with the Second Appeal in S.A.(MD)No.220 of 2023 on 25.11.2025.

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Detailed headnote1 paragraphs

Madurai Bench of the Madras High Court (P. Vadamalai, J.) allowed CMP(MD) Nos. 16875, 16878 & 16881 of 2025 filed in S.A.(MD)No.128 of 2022, condoning a delay of 479 days in filing the applications to set aside the abatement occasioned by the death of the 3rd respondent (Panchavarnam), setting aside the abatement, and bringing her legal heirs - respondent Nos.4 to 7 (S. Balakrishnan, B. Mahalakshmi, B. Manikandan and B. Prabhakaran) - on record. Counsel for the proposed heirs filed a vakalat on the day of hearing and raised no objection, and counsel for respondent Nos.1 and 2 likewise did not oppose. Being satisfied with the reasons stated in the affidavits, the Court allowed the petitions and directed the Registry to carry out necessary amendments in the appeal memorandum and to list the appeal along with S.A.(MD)No.220 of 2023 on 25.11.2025.

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CMP(MD) NOS. 16875, 16878 & 16881 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11-11-2025

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NOS. 16875, 16878 & 16881 of 2025

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SA(MD) NO. 128 of 2022

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R.Anuradha

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Petitioner(s) in all petitions

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1.S.Vasantha

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2.Ganesan

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3.Panchavarnam (Died)

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4.S.Balakrishnan

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5.B.Mahalakshmi

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6.B.Manikandan

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7.B.Prabhakaran

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Respondent(s) in all petitions

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For Petitioner(s) in all petitions :

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Mr.R.Thangapandian, Advocate

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For Respondent(s) in all petitions : Mr.S.Vijayakumar, Advocate for R1

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

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CMP(MD) NOS. 16875, 16878 & 16881 of 2025

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Mr.H.Lakshmi Shankar, Advocate for R2

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Ms.M.Rajeswari, Advocate for R4 to R7

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Common Prayer : Civil Miscellaneous Petitions are filed to condone the delay of 479 days in filing the petition 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 respondent Nos.4 to 7 as the legal heirs of the deceased 3^rd respondent and rank them as respondent Nos.4 to 7 in the Second Appeal in S.A. (MD)No.128 of 2022.

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COMMON ORDER

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These Civil Miscellaneous Petitions have been filed to condone the delay of 479 days in filing the petition 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 respondent Nos.4 to 7 as the legal heirs of the deceased 3^rd respondent and rank them as respondent Nos.4 to 7 in the Second Appeal in S.A. (MD)No.128 of 2022 on the file of this Court.

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

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CMP(MD) NOS. 16875, 16878 & 16881 of 2025

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Heard the learned counsel appearing on either side, and I have

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perused the affidavits filed in support of these petitions.

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Ms.M.Rajeswari, learned counsel, submitted that she has filed a

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vakalat for respondent Nos.4 to 7 today and has not raised any objections to allow these petitions.

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The learned counsel for the 1^st respondent as well as the learned counsel for the 2^nd respondent have also not raised any objections to allow these petitions.

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Being satisfied with the reasons stated in the affidavits, these

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Civil Miscellaneous Petitions are allowed.

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11-11-2025

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Note : The Registry is directed to carry out necessary amendments in the appeal memorandum and list the same, along with the Second Appeal in S.A.(MD)No.220 of 2023, on 25.11.2025 .

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

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CMP(MD) NOS. 16875, 16878 & 16881 of 2025

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mkn

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