Allowed

Sakthivel Nadar v. Gajapathy (Died)

Madras HC5 Jun 2026CMP/9674/2023

Case brief

AI extract

What is this about?

Petitioner sought condonation of a delay of 5374 days in moving to set aside abatement of his second appeal following the second respondent's death, setting aside of that abatement, and impleading the deceased respondent's legal representatives. The respondent's counsel raised no objection; the court allowed all three miscellaneous petitions and directed listing of the appeal.

What did the court decide?

Delay of 5374 days condoned; abatement of S.A.No.46 of 2007 set aside; legal representatives (Respondents 8-10) impleaded; appeal to be listed on 08.07.2026.

Sakthivel Nadar Vs Gajapathy (Died) — Civil Procedure and Limitation | Madras HC (2026)

¶1

CMP No. 9674 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 05-06-2026

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

¶6

CMP Nos. 9674, 9681 & 9687 of 2023

¶7

In all CMP’s:

¶8

Sakthivel Nadar

¶9

S/O.Arumuga Nadar, 11, Viakunda Perumal Sannathi Street, Kancheepuram Town and Post, Kancheepruam Dist.

¶10

..Petitioner/Appellant

¶11

¶12

Gajapathy (Died)

¶13

S Inbanathan (Deceased)

¶14

Saravanan,

¶15

S/o Subramania Naicker, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶16

Radha

¶17

W/o Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶18

Gunabushanam

¶19

D/o Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶20

Suresh

¶21

S/o Gajapathy,

¶22

Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶23

G Savithri

¶24

W/o Gajapathy,

¶25

Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶26

__________ Page1 of 6

¶27

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

¶28

CMP No. 9674 of 2023

¶29

Minor Sethu S/o Late Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶30

Minor Pasupathy S/o Late Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶31

… Respondents 1 to 7/ Respondents

¶32

I Gopalakrishnan S/o S Inbanathan, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶33

I Arul S/o S Inbanathan, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶34

10.I Rajesh S/o S Inbanathan, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist. … Respondents 8 to 10 / Proposed Respondents

¶35

Prayer in C.M.P.No.9674 of 2023 in S.A.No.46 of 2007:

¶36

This Civil Miscellaneous Petition has been filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 5374 days in filing the petition to set aside the abatement of S.A.No.46 of 2007.

¶37

Prayer in C.M.P.No.9681 of 2023 in S.A.No.46 of 2007:

¶38

This Civil Miscellaneous Petition has been filed under Order XXII Rule 9 read with Section 151 of Code of Civil Procedure, 1908 praying to set aside the abatement caused due to the death of the second Respondent.

¶39

__________ Page2 of 6

¶40

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

¶41

CMP No. 9674 of 2023

¶42

Prayer in C.M.P.No.9687 of 2023 in S.A.No.46 of 2007:

¶43

This Civil Miscellaneous Petition has been filed under Order XXII Rule 4 of Code of Civil Procedure, 1908 praying to bring on record the Respondents 8 to 10, who are the legal representatives of the deceased Second respondent as Respondents 8 to 10 in the above Second Appeal.

¶44

For Petitioners in all C.M.Ps : Mr. M.Sriram For Respondents 1 to 10 in all C.M.Ps: Mr. K.M.Balaji

¶45

COMMON ORDER

¶46

The Civil Miscellaneous Petition in C.M.P.No.9674 of 2023 has been filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 5374 days in filing the petition to set aside the abatement of S.A.No.46 of 2007.

¶47

The Civil Miscellaneous Petition in C.M.P.No.9681 of 2023 has been filed under Order XXII Rule 9 read with Section 151 of Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of the second Respondent.

¶48

The Civil Miscellaneous Petition in C.M.P.No.9687 of 2023 has been

¶49

filed under Order XXII Rule 4 of Code of Civil Procedure, 1908, praying to

¶50

Page3 of 6

¶51

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

¶52

CMP No. 9674 of 2023

¶53

bring on record the Respondents 8 to 10, who are the legal representatives of the deceased Second respondent as Respondents 8 to 10 in the above Second Appeal.

¶54

Heard Mr.M.Sriram, Counsel for the Petitioner and Mr.K.M.Balaji,

¶55

Counsel on record for the Respondent.

¶56

The Counsel on record for the Respondents has no objection for these

¶57

Civil Miscellaneous Petitions being allowed.

¶58

This Court has perused the case files.

¶59

Having satisfied with the reasons stated in the accompanying

¶60

affidavits,

¶61

(i) the Petition in C.M.P.No.9674 of 2023 is allowed and the

¶62

delay of 5374 days in setting aside the abatement in the above

¶63

S.A.No.46 of 2007 is condoned.

¶64

(ii) the Petition in C.M.P.No.9681 of 2023 is allowed and the

¶65

abatement caused due to the death of the second Respondent in

¶66

S.A.No.46 of 2007 is set aside.

¶67

__________ Page4 of 6

¶68

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

¶69

CMP No. 9674 of 2023

¶70

(iii) the Petition in C.M.P.No.9687 of 2023 is allowed and

¶71

the respondent Nos.8 to 10, who are the legal representatives of

¶72

the deceased second respondent are brought on record, in S.A.No.46 of 2007.

¶73

Registry is directed to carry out necessary amendment in the cause title in the Memorandum of Grounds of Appeal and list S.A.No.46 of 2007 on 08.07.2026.

¶74

05-06-2026

¶75

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

¶76

¶77

__________ Page5 of 6

¶78

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

CMP No. 9674 of 2023

R.SAKTHIVEL, J.

CMP No. 9674 of 2023

¶83

05-06-2026

¶84

2/2

¶85

__________ Page6 of 6

¶86

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

Sakthivel Nadar v. Gajapathy (Died)

Case brief

What is this about?

What did the court decide?

Sakthivel Nadar v. Gajapathy (Died)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hutchan @ Kenchan Vs Susheela W/O Late Puttuswamy

Periyasamy(died) Vs Kadirvel (died)

Thulasiammal Vs Indirani

Krishnaveni Vs Poliah @ Ramakrishnan Naidu

Sakthivel Nadar Vs Gajapathy (Died)

Pongiammal (died) Vs Subramaniam