D.Soundara Pandian Nadar Vs R.J.N.Fazular Rahman

C.M.P No. 18969 of 2026 : Petition filed under Section 5 of Limitation Act to Condone the delay of 913 days in filing the application to set aside the abatement of the above appeal as against the deceased 6th Respondent and thus render justice.

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C.M.P.No.18970 of 2026 : Petition filed under Order XXII Rule 9(2) of CPC to set aside the abatement of the above appeal as against the deceased 6^th respondent.

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C.M.P.No.18971 of 2026 : Petition filed under Order XXII Rule 4 of CPC to permit the petitioner/appellant to bring the legal representatives of the deceased late Mr.K.Parthiban, 6^th respondent, namely K.Sundarammal, Vikkey P and Nithin P on record as proposed respondents 12 to 14.

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

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CMP No. 18969 of 2026

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For Petitioner: Mr.S.Ranjith Kumar in all petitions For Respondent(s): Mr.S.Veeraraghavan for R4 In all petitions Mr.K.Balu for R6 and R7 Mr.V.Prasad Government Pleader for R8

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COMMON ORDER

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(Order of the Court was made by N.Sathish Kumar J.)

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These three applications have been filed to condone the delay in filing the

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petition to set aside abatement caused due to the death of 6th respondent, to set

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abatement and to bring on record the legal heirs of 6th respondent.

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Heard the learned counsel for the petitioner.

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The learned counsel for the petitioner submitted that the sixth respondent died on 17.08.2023, but the death was intimated to the appellant only on

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16.06.2026, due to which there was a delay in filing the above petitions. He would further submit that sixth respondent's wife Rajeswari is already on record as 7th respondent and C.M.P.No.18971 of 2026 has been filed to bring on record the other legal heirs of 6th respondent.

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The learned counsel for respondents, who are before this Court, submit that they have no objection for allowing these petitions.

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

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CMP No. 18969 of 2026

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In view of the above submissions, these petitions are allowed, the delay

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of 913 days in filing the application to set aside abatement is condoned, the abatement caused due to the death of the 6th respondent is set aside and the legal heirs of 6th respondent viz., K.Sundarammal, P.Vikkey and P.Nithin are brought on record as Respondents 12 to 14.

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