Disposed

A.N.Periasami Padayachi v. Renganayaki Ammal

Madras HC8 Apr 2026CMP/9201/2026

Case brief

AI extract

What is this about?

Petitions in a pending second appeal sought condonation of a 1089-day delay, setting aside of abatement caused by the third appellant's death, and impleading her legal representatives. The court allowed all three petitions after satisfying itself with the reasons in the accompanying affidavits and directed the Registry to amend the cause title and list the appeal.

What the court decided

AI extract

A.N.Periasami Padayachi Vs Renganayaki Ammal — Property and Title | Madras HC (2026)

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CMP NOS.9201, 9203 & 9205 OF 2026 IN S.A.NO.1856 OF 2003

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.04.2026

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CORAM

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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CMP NOS.9201, 9203 AND 9205 OF 2026 IN

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S.A.NO.1856 OF 2003

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1.A.N.Periasami Padayachi (Died)

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2.A.P.Raja S/o. Late Periasami Padayachi Oogakur Village Post, Kunnam Taluk, Perambalur District.

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… 1^st Appellant in all CMPs’

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… 1^st Petitioner / 2^nd Appellant in all CMPs’

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3.S.Suguna (Died) … 3^rd Appellant in all CMPs’

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Legal heirs of 3rd appellant

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4.Samy Kannu S/o. Chidambram

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5.Indira D/o. Samy Kannu

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6.Agilan (Minor) Represented by his father and Natural Guardian Velavan

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Page No. 1 of 6

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

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CMP NOS.9201, 9203 & 9205 OF 2026 IN S.A.NO.1856 OF 2003

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7.Dhevesh (Minor) Represented by his father and Natural Guardian Velavan

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… Petitioners 4-7 / Proposed Appellant 4-7 in all CMPs’

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Petitioners 4 to 7 are residing at No.1/5/3, West Street, Agaram Sigoor, Kunnam Taluk, Perambalur District.

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Versus

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1.Renganayaki Ammal (Died) 2.R.Kumar S/o. Late Raju Chettiar Avinangudi Village, Thittakudi Vattam, Cuddalore District.

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… Respondents / Proposed Respondents in all CMPs’

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PRAYER IN CMP NO.9201 / 2026: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, 1963, praying to condone the delay of 1089 days in setting aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal.

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PRAYER IN CMP NO.9203 / 2026: Civil Miscellaneous Petition filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal.

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PRAYER IN CMP NO.9205 / 2026: Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the petitioners 4 to 7 herein as legal representatives of the deceased third appellant namely S.Suguna and array them as appellants 4 to 7 in the above Second Appeal.

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For Petitioners in all CMPs’ : Mr.K.A.Vimalkumar

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

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CMP NOS.9201, 9203 & 9205 OF 2026 IN S.A.NO.1856 OF 2003

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COMMON ORDER

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The Civil Miscellaneous Petition in CMP No.9201 of 2026 has been filed under Section 5 of Limitation Act, 1963, praying to condone the delay of 1089 days in setting aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal.

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2.The Civil Miscellaneous Petition in CMP No.9203 of 2026 has been filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal.

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3.The Civil Miscellaneous Petition in CMP No.9205 of 2026 has been filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the petitioners 4 to 7 herein as legal representatives of the deceased third appellant namely S.Suguna and array them as appellants 4 to 7 in the above Second Appeal.

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Page No. 3 of 6

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

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CMP NOS.9201, 9203 & 9205 OF 2026 IN S.A.NO.1856 OF 2003

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4.This Court has perused the case file.

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5.Having satisfied with the reasons stated in the accompanying

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affidavits,

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(i) the petition in CMP No.9201 of 2026 is

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allowed and the delay of 1089 days in seeking to set

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aside the abatement caused due to the death of the third

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appellant in the above Second Appeal is condoned;

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(ii) the petition in CMP No.9203 of 2026 is

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allowed and the abatement caused due to the death of

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the deceased third appellant is set aside;

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(iii) the petition in CMP No.9205 of 2026 is

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allowed and the legal representatives of the deceased third appellant as stated in the accompanying affidavit

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in CMP No.9205 of 2026 are brought on record.

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

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CMP NOS.9201, 9203 & 9205 OF 2026 IN S.A.NO.1856 OF 2003

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6.Registry is directed to carry out necessary amendment in the cause

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title in the Memorandum of Grounds of Appeal and list the Second Appeal

on 05.06.2026.

08.04.2026

(1/7)

Page No. 5 of 6

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

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CMP NOS.9201, 9203 & 9205 OF 2026 IN S.A.NO.1856 OF 2003

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R. SAKTHIVEL, J.

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CMP NOS.9201, 9203 AND 9205 OF 2026 IN S.A.NO.1856 OF 2003

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08.04.2026

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(1/7)

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

A.N.Periasami Padayachi v. Renganayaki Ammal

Case brief

What is this about?

What the court decided

A.N.Periasami Padayachi v. Renganayaki Ammal

Case brief

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What the court decided

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