Dismissed¶52

Nataraj v. Marakkal

Madras HC16 Apr 2026CMP/16285/2025

Case brief

AI extract

What is this about?

Condonation of delay petition dismissed as unnecessary; 315 days delay in adding legal representatives; death of 10th respondent Mahendran in Second Appeal SA No. 120 of 2020; no abatement where a legal heir already on record; impleadment order dated 04/03/2024 in CMP No. 3499 of 2024; parties from Kuthiyalathur Village, Sathyamangalam Tk, Erode District; Madras High Court; Justice S. Sounthar; order dated 16-04-2026.

What did the court decide?

Since one of the legal heirs of the deceased 10th respondent is already on record, there is no abatement of the Second Appeal as against the deceased 10th respondent. ¶52

Nataraj Vs Marakkal — Madras HC (2026) — LawSathi Research

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CMP No. 16285 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-04-2026

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CORAM

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THE HON'BLE MR.JUSTICE S. SOUNTHAR

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CMP No. 16285 of 2025 IN SA NO. 120 OF 2020

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Nataraj S/o.Late Marappan, Elanji , Kuthiyalathur Village , Sathyamangalam Tk, Erode District

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Radhamani W/o.Ramachandran, Elanji , Kuthiyalathur Village , Sathyamangalam Tk, Erode District

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Vasantha W/o.Sakthivel, Kutharaikalmedu , Kurichi Village , Bhavani Tk, Erode District

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Ganesan

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S/o.Late Marappan, Elanji , Kuthiyalathur Village , Sathyamangalam Tk, Erode District

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..Appellant(s)

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Marakkal D/o. Late Nanjappa Naicker, Elanji, Kuthiyalathur Village , Sathyamangalam Tk, Erode District

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Pappathi

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W/o.Late Nanjappa Naicker, All Are Res A Elanji , Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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Ramakkal

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W/o.Late Nanjappanaicker, All Are Res A Elanji , Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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Marimuthu

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S/o.Late Nanjappa Naicker, All Are Res A

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__________ Page1 of 6

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

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CMP No. 16285 of 2025

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Elanji , Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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Marannan

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S/o.Late Nanjappa Naicker, All Are Res A Elanji , Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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Sadaiyappan S/o.Late Nanjappanaicker, All Are Res A Elanji , Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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Chikkalingam S/o.Late Nanjappanaicker, All Are Res A Elanji , Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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Ramasami

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S/o.Late Nanjappa Naicker, All Are Res A Elanji , Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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Madhammal

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W/o Maraannan, Res At Elanji Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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10.Mahendran (Died)

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11.Rani

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D/o Marannan, Res At Elanji Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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12.Marisamy

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S/o Marannan, Res At Elanji Kuthiyalathur Village, Sathyamangalam Tk, Erode District

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13.Marakkal

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D/o Marayan Pattakaran Savadi Street, Kempanayakan Palayam Post, Erode Dt..

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r13 is impleaded vide court order dated 04/03/2024 made in cmp no 3499 of 2024 in sa

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__________ Page2 of 6

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

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CMP No. 16285 of 2025

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no 120 of 2020(pbbj)

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14.Parvathi Ammal Thottapuram, Thalamalai Post, Aasanur (via) Thalavadi Taluk, Sathyamangalam Erode Dist.

..Respondent(s)

For Appellant(s):

P.R.Balasubramanian

ORDER

This Miscellaneous Petition is filed seeking to condone the delay of 315

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days in bringing on record the legal representatives of the deceased Mahendran / 10^th respondent in the above Second Appeal.

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It is seen from the affidavit filed in support of this Petition that one of the legal heirs of the deceased 10^th respondent is already on record. Therefore, there is no abatement of the Second Appeal as against the deceased 10^th respondent. Hence, the present Petition filed to condone the delay of 315 days in bringing on record the legal representatives of the deceased 10^th respondent is unnecessary and therefore, the same is dismissed.

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16-04-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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GSK

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Page3 of 6

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

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CMP No. 16285 of 2025