Anjalidevi Vs Annamalai Chettiyar — Madras HC (2026) — LawSathi Research

Anjalidevi Vs Annamalai Chettiyar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All three civil miscellaneous petitions allowed without costs: delay of 1036 days condoned (C.M.P.No.3928 of 2026); abatement caused by the death of the 3rd respondent set aside (C.M.P.No.3930 of 2026); proposed respondents 14 to 16 impleaded as respondents 14 to 16 in S.A.No.448 of 2015 (C.M.P.No.3931 of 2026); Registry directed to amend the cause title and issue notice to the newly impleaded respondents, returnable in four weeks.

Issue for consideration

Whether the delay of 1036 days in filing the application to set aside the abatement against the 3rd respondent should be condoned. +2 more

Court's answer

The delay of 1036 days in filing the application to set aside the abatement against the 3rd respondent is condoned, having been satisfied with the reasons stated in the affidavit filed in support of the petitions, and C.M.P.No.3928 of 2026 is allowed.

Ratio / Principle

The abatement caused due to the death of the 3rd respondent stands set aside and C.M.P.No.3930 of 2026 is allowed.

Key takeaways

The proposed respondents 14 to 16 are brought on record as legal heirs of the deceased 3rd respondent and ranked as respondents 14 to 16 in the Second Appeal S.A.No.448 of 2015, and C.M.P.No.3931 of 2026 is accordingly allowed.ratio¶¶77
The Registry is directed to carry out the necessary amendments in the cause title and, upon such amendment, to issue notice to the newly impleaded respondents in the appeal, returnable in four weeks.ratio¶¶79

Detailed headnote1 paragraphs

Civil miscellaneous petitions arising out of S.A.No.448 of 2015, decided by a single Judge of the High Court of Judicature at Madras (K. Kumaresh Babu, J.) on 13-02-2026. The appellant sought (i) condonation of a 1036-day delay in filing the application to set aside the abatement occasioned by the death of the 3rd respondent, (ii) setting aside of that abatement, and (iii) impleadment of the deceased respondent's legal heirs (proposed respondents 14 to 16). Holding herself satisfied with the reasons stated in the supporting affidavit, the Court condoned the 1036-day delay, set aside the abatement, and brought the proposed respondents on record as respondents 14 to 16 in the Second Appeal, allowing all three petitions without costs. The Registry was further directed to amend the cause title and, upon such amendment, to issue notice to the newly impleaded respondents, returnable in four weeks.

CMP Nos. 3928, 3930 & 3931 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

CMP Nos. 3928, 3930 & 3931 of 2026 in S.A.No.448 of 2015

Anjalidevi

W/o. Mannu Chettiyar, D/o. Late Arimuthu Chettiyar, At No.568, 10th Street, Sasthiri Nagar,

Vysarpadi,

Chennai - 600 039.

..Appellant in all C.M.P(s)

Vs

Annamalai Chettiyar(Deceased)

Madhavan Chettiyar(Deceased)

Sivaprakasam Chettiyar(Deceased)

Andal Ammal

W/o. Late Arimuthu Chettiyar,

No.6/88, Vaniyar Street,

Avalurpettai Village,

Gingee Taluk,

Villupuram District.

Lakshmi

W/o. Annamalai Chettiyar,

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CMP Nos. 3928, 3930 & 3931 of 2026

No.1275, Thendral Nagar,

Vengikkal,

Tiruvannamalai Taluk, Tiruvannamalai District.

Malliga

W/o. Madhavan Chettiyar, NO.30/484, 19th Street, Sathuvachari Part II, Vellore District.

Saravanan.A

S/o. Annamalai Chettiyar(Deceased)

Parthiban.A

Annamalai Chettiyar (Deceased)

Pachaiyappan.A

Annamalai Chettiyar (Deceased) Proposed Respondents 7 to 9 are residing at No.1275, Thendral Nagar 9^th Street,

Vengikkal, Thiruvannamalai,

Tamil Nadu – 606 604.

10.Vinothe Kumar.S.M.

S/o. Madhavan Chettiyar (Deceased)

11.Krishna Kumar.M

S/o. Madhavan Chettiyar (Deceased)

12.Senthil Kumar M

S/o. Madhavan Chettiyar (Deceased)

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CMP Nos. 3928, 3930 & 3931 of 2026

13.Manikandan.A.M

S/o.Madhavan Chettiyar(Deceased) Proposed Respondents 10 to 13 are residing at No.3/484, 19^th Street, Phase II, Sathuvachary, Vellore, Tamil Nadu – 632 009.

14.S. Arulmozhi

S/o. Sivaprakasam Chettiyar(Deceased)

15.S. Sakthivel

S/o. Sivaprakasam Chettiyar(Deceased)

16.S. Barani

S/o. Sivaprakasam Chettiyar (Deceased) Proposed respondents 14 to 16 are residing at No.31, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore, Tamil Nadu – 632 007. Proposed Respondents 14 to 16 are residing at No.31, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore, Tamil Nadu – 632 007.

.. Respondents/Proposed Respondents in all C.M.P(s)

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CMP Nos. 3928, 3930 & 3931 of 2026

Prayer in C.M.P.No.3928 of 2026:

To condone the delay of 1036 days in filing the application to set aside the abatement against the 3^rd respondent.

Prayer in C.M.P.No.3930 of 2026:

To set aside the abatement caused due to the death of 3^rd respondent and thereby render justice.

Prayer in C.M.P.No.3931 of 2026:

To bring on record the proposed respondents 14 to 16 herein as legal heirs of the deceased 3^rd respondent and rank them as respondents 14 to 16 in the above SA No.448 of 2015 and thereby render justice.

For Appellant(s): Mr.V.Ravi

COMMON ORDER

The civil miscellaneous petitions have been filed to condone the delay of 1036 days in filing the application to set aside the abatement against the 3^rd respondent; To set aside the abatement caused due to the death of 3^rd respondent and to bring on record the proposed respondents 14 to 16 herein as legal heirs of the deceased 3^rd respondent and rank them as respondents 14 to 16 in the above SA No.448 of 2015.

Heard the learned counsel for the petitioner.

Considering the averments made in the affidavit filed in support of

these petitions and having been satisfied with the reasons stated therein, the

delay of 1036 days stands condoned and C.M.P.No.3928 of 2026 stands

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CMP Nos. 3928, 3930 & 3931 of 2026

allowed; The abatement caused due to the death of the 3^rd respondent stands set aside and C.M.P.No.3930 of 2026 stands allowed and the proposed respondents 14 to 16 herein are brought on record as respondents 14 to 16 in the Second Appeal and accordingly, C.M.P.No.3931 of 2026 stands allowed. No costs.

13-02-2026 (3/3)

Note : Registry is directed to carry out the necessary amendments in the cause title and on such amendment, issue notice to the newly impleaded respondents in the appeal returnable in four weeks.

kak

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CMP Nos. 3928, 3930 & 3931 of 2026

K.KUMARESH BABU, J.

kak

CMP Nos. 3928, 3930 & 3931 of 2026 in S.A.No.448 of 2015 (3/3)

13-02-2026

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