condonation of delay; 206 days; abatement; death of second respondent; M. Balakumaran; S.A. No. 679 of 2015; CMP No. 6124 of 2023; Madras High Court; P. Dhanabal; M. Yasodhapriya; Erode
Condonation of the delay of 206 days in filing the petition to set aside the abatement caused by the death of the second respondent. ¶¶35
Considering the reasons stated in the affidavit and the length of the delay, the Court allowed the application and condoned the delay of 206 days in filing the petition to set aside the abatement. ¶¶35
CMP NO. 6124 of 2023
IN SA NO. 679 OF 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-07-2026
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
CMP No. 6124 of 2023 in SA No.679 of 2015
Appellant(s)
Vs
S/O. Late Paramasiva Gounder, 2/610, Amman Nagar, Nanjai Uoothukuli Village, Erode Tk.
2.M.Balakumaran (died)
3.M.Rathika
W/O. Prakash, Pathirakaliyamman Kovil Backside, Kallukkadai Medu, Erode Town, Erode Tk.
4.Meenatchi
W/o. S.P.Manickasundaram, Chetty Thottam Pudhur, Vazhai Thottam (PO), Sivagiri Village, Kodumudi Tk, Erode Dist.
5.B.Vasuki
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CMP NO. 6124 of 2023 IN SA NO. 679 OF 2015
W/o. M.Balakumaran 89/32, Nehru St, Oolappalayam, Modakkurchi Tk, Erode Dis. 638104.
6.Sarvesh B Minor S/o.Late. M.Balakumaran 6th respondent is rep by his mother natural guardian 89/32, Nehru St, Oolappalayam, Modakkurchi Tk, Erode Dis. 638104.
Respondent(s)
PRAYER
To condone the delay of 206 days in filing the petition to set aside the abatement caused due to the death of the 2nd respondent M.Balakumaran.
For Appellant(s): Mr.A.Sundara Vadhanan For Respondent(s): Cmp.6124, 6125, 6127 / 2023 ----------------M/s.D.Kangasundaram For R3 R2 - Died Vide Cmp.6124 Cause Title M/s.P.Dinesh Kumar Mahamandra Rajalakshmi For Rr4 And 5 (r6 - Minor Rep. By R5) Pvt Notice --------------R2 - Died (vide In Cause Title)
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CMP NO. 6124 of 2023 IN SA NO. 679 OF 2015
ORDER
This application has been filed to condone the delay of 206 days in filing a
petition to set aside the abatement caused due to the death of the second respondent in the above S.A. No.679 of 2015.
21.07.2026
(1/3)
mtl
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CMP NO. 6124 of 2023 IN SA NO. 679 OF 2015
P. DHANABAL, J. mtl
CMP No. 6124 of 2023 in SA No.679 of 2015
21.07.2026
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1 issue framed by the court
Whether the delay of 206 days in filing the petition to set aside the abatement caused by the death of the second respondent in S.A. No.679 of 2015 should be condoned.¶¶26
Considering the reasons stated in the affidavit and the length of the delay, the Court allowed the application and condoned the delay of 206 days in filing the petition to set aside the abatement.ratio¶¶35
How this case reached the court
P. Dhanabalauthor¶¶6
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
