Allowed¶66

K.Veeramuthu Naicker v. Rangaraju Naidu (died), 1.D.Prema

Madras HC3 Mar 2026CMP/1325/2026

Case brief

AI extract

What is this about?

Madras High Court; R. Sakthivel J.; CMP Nos. 1325, 1330 and 1328 of 2026 in SA No. 1049 of 1992; condonation of delay of 1822 days; Section 5 of Limitation Act, 1963; setting aside abatement; Order XXII Rule 9(2) CPC 1908; impleading legal representatives; Order XXII Rule 3 CPC 1908; death of second appellant Chinnaswami Naicker on August 27, 2020; proposed appellants 18 to 21; common order allowed all three petitions; registry directed to amend the Second Appeal.

What did the court decide?

Delay of 1822 days condoned; abatement caused by the death of the second appellant Chinnaswami Naicker set aside; petitioners 13 to 16 brought on record and arrayed as Appellants 18 to 21 as legal representatives of the deceased second appellant; Registry directed to carry out necessary amendments in the Second Appeal. ¶66

K.Veeramuthu Naicker Vs Rangaraju Naidu (died), 1.D.Prema — Madras HC (2026) — LawSathi Research

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CMP Nos. 1325, 1330 & 1328 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-03-2026

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CORAM

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THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

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CMP Nos. 1325, 1330 and 1328 OF 2026 in SA NO. 1049 OF 1992

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In all C.M.P’s.

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K.Veeramuthu Naicker

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1^st Petitioner / 1^st Appellant

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S/o.Krishnappa Naicker, Chinnasami Naicker(died), Muthuvel (died), Vaiyapuri Udayar (died), Masilamani Ammal (died).

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M.Muniammal W/o.Late P.Muthuvel Udayar.

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M.Ramalingam S/o.Late P.Muthuvel Udayar

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M.Veeramuthu S/o.Late P.Muthuvel Udayar

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M.Muthukumar

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S/o.Late P.Muthuvel Udayar.

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M.Muthukumar S/o.Late P.Muthuvel Udayar.

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M.Poomathi D/o.Late P.Muthuvel Udayar.

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Valarmathi D/o.Late P.Muthuvel Udayar.

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V.Pannerselvam S/o.Late P.Vaiyapuril Udayar.

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10. V.Ilaiyakannu

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S/o.Late P.Vaiyapuri Udayar

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

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CMP Nos. 1325, 1330 & 1328 of 2026

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Marimuthu S/o.Narayanasamy Udayar

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Pachamuthu S/o.Narayanasamy Udayar Petitioners 1 to 12 are residing at Porasakurichi Village, Kallkurichi Taluk, Villupuram District.

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Petitioners 2 to 12 / Appellants 2 to 17

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C.Thamizharasi W/o.Late Chinnaswami Naicker.

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C.Dhanalakshmi D/o.Late Chinnaswami Naicker.

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C.Sivasankar S/o.Late Chinnaswami Naicker.

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C.Sriram S/o.Late Chinnaswami Naicker, Thirukanangur Village, Sankarapuram Taluk, Kallakurichi.

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Petitioners 13 to 16 / Proposed Appellants 18 to 21

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D.Selvi W/o.Late Durairaj.

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D.Muthuraman S/o.Late Durairaj.

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D.Mutharasi D/o.Late Durairaj, Petitioners 17 to 19 are residing at No.2 Middle Street, Porasakurichi Village, Kallakurichi Taluk, Kallakurichi District.

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Petitioners 17 to 19 / Proposed Appellants 22 to 24

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Rangaraju Naidu (died) 2.D.Prema W/o.Durairaj.

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

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CMP Nos. 1325, 1330 & 1328 of 2026

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3.D.Murali

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S/o.Durairaj,

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Both are residing at D.No.20, OldNo.130/B1, Kisaval Nagar, Kallakurichi Taluk, Villupuram District Now Resesiding at. Mugabinai Jewelry Pawn Shop “LTR” Building, Kallakurichi Taluk, Kallakurichi District.

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Respondent(s) / Respondents 1 to 3

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CMP No. 1325 of 2026

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PRAYER: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, 1963 praying to condone the delay of 1822 days in filing the petitioner to set aside abatment caused due to the death of the 2nd Appellant, namely Chinnaswami Naicker.

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CMP No. 1330 of 2026

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PRAYER: Civil Miscellaneous Petition filed under Order XXII Rule 3 of Code of Civil Procedure, 1908, praying to bring on record the petitioners 13 to 16 / proposed Appellants 18 to 21 herein as legal representatives of the deceased 2nd Appellant, Namely Chinnaswami Naicker and array them as Appellants 18 to 21 in the above Second Appeal.

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CMP No. 1328 of 2026

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PRAYER: Civil Miscellaneous Petition filed under Order XXII Rule 9(2) of Code of Civil Procedure, 1908 praying to set aside the abatment caused due to the death of the 2nd Appellant, namely Chinnaswami Naicker.

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In all C.M.P’s.

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For Petitioner: Mr.Sathish Kumar for Mr.P.Dinesh Kumar For Respondent: Mr.P.Vijay for R2 and R3

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

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CMP Nos. 1325, 1330 & 1328 of 2026

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COMMON ORDER

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These Civil Miscellaneous Petitions are filed to condone the delay of 1822 days in setting aside the abatement caused due to the death of the second appellant, namely Chinnaswami Naicker, to set aside the abatement caused due to the death of the second appellant and to bring on record the petitioners 13 to

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16 as appellants 18 to 21 as legal representatives of the deceased second appellant, in the above second appeal.

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Mr.Sathish Kumar, representing Mr.P.Dinesh Kumar, learned Counsel

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on record for the petitioners in all the petitions and Mr.P.Vijay, learned Counsel for Respondent Nos.2 and 3, are before this Court.

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Heard both sides.

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This Court has perused the affidavit filed in support of these petitions.

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It is stated that the second appellant namely Chinnaswami Naicker,

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passed away on August 27, 2020, leaving behind his wife – Thamizharasi, daughter – Dhanalakshmi and sons – Sivasankar and Sriram as his Legal heirs / Legal Representatives.

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

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CMP Nos. 1325, 1330 & 1328 of 2026

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