Allowed

T.Palanivel v. P.Madhivanan

Madras HC29 Apr 2026CMP(MD)/3873/2026

Case brief

AI extract

What is this about?

This judgment allowed three civil miscellaneous petitions to condone a 97-day delay in filing an application to set aside abatement caused by the death of a respondent and to add legal representatives as respondents in an appeal suit, noting no objection from the proposed parties.

What did the court decide?

Conditional condonation of a 97-day delay to set aside abatement and to add legal representatives as respondents No.6 and 7.

T.Palanivel Vs P.Madhivanan — Civil Procedure and Limitation | Madras HC (2026)

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CMP(MD) NOS. 3873, 3877, & 3878 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29-04-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NOS. 3873, 3877, & 3878 of 2026

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AS(MD) NO. 88 of 2023

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T.Palanivel

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Petitioner(s) in all petitions

1.P.Madhivanan

2.S.Perumal

3.R.Nagarathiram 4.M.Dhanalakshmi

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5.T.Natarajan (Died) 6.N.Manimekalai

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7.N.Kannan

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Respondent(s) in all petitions

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For Petitioner(s) in all petitions : Mr.H.Lakshmi Shankar, Advocate

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1/4

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

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CMP(MD) NOS. 3873, 3877, & 3878 of 2026

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For Respondent(s) in all petitions: Mr.M.Arumugam, Advocate for R1 & R4

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Mr.D.Boopal, Advocate for R2

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Mr.J.Karthick Babu, Advocate for R6 & R7

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Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of Limitation Act, Order 22 Rule 9 r/w. Section 151, and Order 22 Rule 4 of the Code of Civil Procedure to condone the delay of 97 days in filing the petition to set aside the abatement caused due to the death of the 5^th respondent, to set aside the abatement caused due to the death of the 5^th respondent, and to bring the proposed respondent Nos.6 & 7 on record as the legal representatives of the deceased 5^th respondent and rank them as respondent Nos.6 & 7 in the Appeal Suit in A.S.(MD).No.88 of 2023 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 97 days in filing the petition to set aside the abatement caused due to the death of the 5^th respondent, to set aside the abatement caused due to the death of the 5^th respondent, and to bring the proposed respondent Nos.6 & 7 on record as the legal representatives of the

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2/4

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

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CMP(MD) NOS. 3873, 3877, & 3878 of 2026

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deceased 5

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deceased 5^th respondent and rank them as respondent Nos.6 & 7 in the

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Appeal Suit in A.S.(MD).No.88 of 2023 on the file of this Court.

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Heard the learned counsel appearing on either side and perused

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the affidavits filed in support of these petitions.

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The learned counsel for respondent Nos.6 & 7 has not raised any objection to these petitions.

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Being satisfied with the reasons stated in the affidavits, these

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Civil Miscellaneous Petitions are allowed.

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29-04-2026

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Note : The Registry is directed to carry out necessary amendments in the appeal memorandum.

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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. 3873, 3877, & 3878 of 2026

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P.VADAMALAI, J.

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mkn

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CMP(MD) NOS. 3873, 3877, & 3878 of 2026 in AS(MD) NO. 88 of 2023

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29.04.2026

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4/4

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

T.Palanivel v. P.Madhivanan

Case brief

What is this about?

What did the court decide?

T.Palanivel v. P.Madhivanan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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