Karuppan (Deceased) Vs G. Kuppusamy (Died)

Prayer in C.M.P.No. 6316 of 2023 : Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, praying to condone the delay of 5532 days in filing the petition for setting aside the abatement of the appeal in S.A.No.745 of 2007 on the file of this Court that caused due to the death of late Karuppan, the 1^st Appellant in the above Second Appeal.

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Prayer in C.M.P.No. 6318 of 2023 : Civil Miscellaneous Petition filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of late Karuppan, the 1^st Appellant in the above Second Appeal.

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

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Prayer in C.M.P. No. 6323 of 2023 : Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the legal heirs of late Karuppan, the 1^st Appellant viz., Mrs. Vellachi, W/o.Late Karuppan, residing at No.299, Indra Nagar, Perumbakkam, Tiruvannamalai-606 603, Mrs.Periyapappa, D/o.Late Karuppan, residing at No.48, Durais Nagar, Bargur, Krishnagiri-635 104, Mrs.Nadupappa D/o.Late Karuppan, residing at No.2-57, Perumbakkam, Tiruvannamalai-606 603, Mrs.Kanthamani, D/o.Late Karuppan, residing at No.968 Gopalapuram Kotta, Melsitupakkampudhur, kilsirupakkam, Tiruvannamalai-606 707, Mrs.Chinnapillai, D/o.Late Karuppan, residing at No.327, Mariyamman Koil Street, Mothakakkal, Tiruvannamalai-606 708, Mrs.Mallika, D/o.Late Karuppan, residing at No.570, Keelvanakkambadi, Tiruvannamalai-606 707, Ezhumalai, S/o.Late Karuppan, residing at No.48A, Durais Nagar, Bargur, Krishnagiri-635 104 and rank them as the Appellant Nos. 9 to 15 in the above Second Appeal.

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For Petitioner(s) : Mr.P.Arivudai Nambi in all CMPs For Respondent(s): Mr.R. Karthikeyan for R13 to R17 in all CMPs

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COMMON ORDER

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Mr.P.Arivudai Nambi, learned Counsel for the petitioners and Mr.R.Karthikeyan, Counsel for the Respondent Nos.13 to R17 are before this Court.

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2.These petitions have been filed to condone the delay of 5532 days in

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filling the petition to set aside the abatement, to set aside the abatement caused

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due to the death of the Appellant No.1 – Karuppan and to bring on record the legal representatives of the deceased Appellant No.1 as the Appellant Nos. 9 to

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15 in the above Second Appeal.

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3.This Court has perused the Case file.

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4.Originally, the Appellants 2 and 3 filed S.A.No.745 of 2007. Thereafter, the Appellant No.2/Defendant No.3 – Kandhaswamy passed away leaving behind the Appellant Nos. 2 to 8 as his legal heirs / legal representatives and they were already brought on record in A.S.No.9 of 2004 before the First Appellate Court.

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5.Feeling aggrieved by the Common Judgment and Decree dated 21.02.2007 passed by the First Appellate Court in A.S.Nos.3 and 9 of 2004, the Appellants therein have preferred these Second Appeals in S.A.Nos.744 and 745 of 2007.

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6.The Counsel for the Respondent Nos.13 to R17 had strongly opposed to allow these applications.

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7.During the pendency of the Second Appeal, the Appellant No.1 –

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Karuppan passed away on 20.06.2007, leaving behind the Respondent Nos.7 to

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13 as his legal heirs/legal representatives.

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8.Considering the facts and circumstances, with a view to adhere the principles of natural justice fully, to decide the matter on merits, and in the interest of justice, this Court is inclined to allow these petitions.

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9.Accordingly, these Civil Miscellaneous Petitions are allowed.

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07-04-2026

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

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Note:

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Registry is directed to carry out necessary amendment in the Memorandum of grounds of appeal and list the Second Appeal in the usual course.

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