Allowed

R.Perumal (Died) 2.Sumathi v. Sivagnanam

Madras HC3 Mar 2026CMP(MD)/15211/2025

Case brief

AI extract

What is this about?

Legal heirs sought condonation of 1378 days' delay in filing applications to set aside abatement of an appeal caused by the death of the sole appellant and to substitute themselves as appellants. Satisfied with the affidavit's reasons, the court allowed the petitions and directed the Registry to amend the appeal memorandum.

What did the court decide?

Delay of 1378 days condoned; petitions to set aside abatement and bring legal heirs on record allowed.

R.Perumal (Died) 2.Sumathi Vs Sivagnanam — Civil Procedure and Limitation | Madras HC (2026)

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CMP(MD) NOS. 15211, 15212, & 15214 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NOS. 15211, 15212, & 15214 of 2025

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AS(MD) NO. 39 of 2016

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1.R.Perumal (Died)

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2.Sumathi

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3.P.Gandhinathan

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4.Iswarya Lakshmi

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Petitioner(s) in all petitions

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1.Sivagnanam

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2.Vanamamalai

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3.Nambi Natchiyar

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4.Lakshmi alias Santha

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5.Subbammal

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6.Gomathi

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7.Seethalakshmi

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Respondent(s) in all petitions

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1/4

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

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CMP(MD) NOS. 15211, 15212, & 15214 of 2025

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For Petitioner(s) in all petitions : Mr.A.Mohamedhaneef, Advocate

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For Respondent(s) in all petitions : No Appearance

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Common Prayer : Civil Miscellaneous Petitions are filed to condone the delay of 1378 days in filing the petition seeking to set aside the abatement caused due to the death of the sole appellant, to set aside the abatement caused due to the death of the sole appellant, and to bring on record petitioner Nos.2 to 4 herein as the legal heirs of the deceased sole appellant and rank them as appellant Nos.2 to 4 in the Appeal Suit in A.S.(MD)No.39 of 2016 on the file of this Court.

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COMMON ORDER

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These Civil Miscellaneous Petitions have been filed to condone the delay of 1378 days in filing the petition seeking to set aside the abatement caused due to the death of the sole appellant, to set aside the abatement caused due to the death of the sole appellant, and to bring on record petitioner Nos.2 to 4 herein as the legal heirs of the deceased sole appellant and rank them as appellant Nos.2 to 4 in the Appeal Suit in A.S.(MD)No.39 of 2016 on the file of this Court.

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2/4

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

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CMP(MD) NOS. 15211, 15212, & 15214 of 2025

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Heard the learned counsel for the petitioners and perused the

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common affidavit filed in support of these petitions.

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There is no representation for respondent Nos.2 to 7.

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Being satisfied with the reasons stated in the affidavit, these

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Civil Miscellaneous Petitions are allowed.

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03-03-2026

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Note : The Registry is directed to carry out necessary amendments in the appeal memorandum and list the same on 17.03.2026 .

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mkn

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3/4

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

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CMP(MD) NOS. 15211, 15212, & 15214 of 2025

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P.VADAMALAI, J.

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mkn

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CMP(MD) NOS. 15211, 15212, & 15214 of 2025 in AS(MD) NO. 39 of 2016

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03.03.2026

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4/4

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

R.Perumal (Died) 2.Sumathi v. Sivagnanam

Case brief

What is this about?

What did the court decide?

R.Perumal (Died) 2.Sumathi v. Sivagnanam

Case brief

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What did the court decide?

What the court decided

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