Indhumathi v. Arunaiyampathi(Deceased), 1. Manimekalai
Abatement – Second Appeal – death of second appellant during pendency of S.A.No.1085 of 2012
Case brief
What is this about?
Madras High Court common order dated 08.04.2026 (R. Sakthivel, J.) in CMP Nos.23606, 23607 and 23608 of 2024 in S.A.No.1085 of 2012: condonation of 581-day delay under Section 5 Limitation Act 1963; setting aside of abatement occasioned by the death of the second appellant (Kaliyamoorthy) under Order XXII Rule 9 CPC 1908; bringing on record of his legal representatives (Shanthi, Raj Mohan, Karthik, Durairaj, Jawahar, Banu, Mallika) under Order XXII Rule 4 CPC 1908; petitioners represented by Mr.A.Jenasenan; Second Appeal to be listed on 29.04.2026. Procedural/interlocutory order; no precedent discussed; no costs or amounts awarded.
What did the court decide?
All three CMPs allowed: (i) delay of 581 days condoned (CMP 23606/2024); (ii) abatement caused by the death of the second appellant set aside (CMP 23607/2024); (iii) legal representatives of the deceased second appellant brought on record (CMP 23608/2024). Registry directed to amend the cause title in the Memorandum of Grounds of Appeal and list the Second Appeal on 29.04.2026.