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V.Krishnasamy, v. 1.Ayyasamy Konar (Died), 2.Ponram

Madras HC16 Jun 2026CMP(MD)/4054/2026

Case brief

AI extract

What is this about?

Condonation of delay 1228 days; setting aside of abatement due to death of 1st respondent Ayyasamy Konar; impleading of legal heirs respondents 5 to 9 (Chellammal, Sarasu, Sakthivel, Ramar, Lakshmanan); Section 5 Limitation Act; Order XXII Rule 9(2) CPC; Order XXII Rule 4 CPC; Second Appeal SA(MD) No. 332 of 2011; Madurai Bench of Madras High Court; Justice P.Vadamalai; petitions allowed; Registry to amend appeal memorandum.

What did the court decide?

Delay of 1228 days condoned; abatement caused by the death of the 1st respondent set aside; respondents 5 to 9 brought on record as the legal heirs of the deceased 1st respondent and ranked as respondents 5 to 9 in S.A.(MD)No.332 of 2011; Registry directed to carry out necessary amendments in the appeal memorandum. ¶44

V.Krishnasamy, Vs 1.Ayyasamy Konar (Died), 2.Ponram — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 1228 days in filing the petitions should be condoned, the abatement caused by the death of the 1st respondent should be set aside, and respondents 5 to 9 should be brought on record as the legal heirs of the deceased 1st respondent and ranked as respondents 5 to 9 in S.A.(MD)No.332 of 2011.

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Court's answer

Being satisfied with the reasons stated in the affidavit filed in support of the petitions, the Court allowed the Civil Miscellaneous Petitions seeking condonation of the 1228-day delay, setting aside of the abatement, and impleading of respondents 5 to 9 as legal heirs of the deceased 1st respondent.

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Ratio / Principle

The Registry was directed to carry out necessary amendments in the appeal memorandum.

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Key takeaways

The Court recorded the memo filed by the learned counsel for respondents 5 to 9 stating that the petitioner/appellant is very much alive.obiter¶40
The learned counsel for respondents 5 to 9 did not raise any objections to the petitions being allowed.obiter¶42

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), P.Vadamalai, J. — CMP(MD) Nos. 4054 to 4056 of 2026 in SA(MD) No. 332 of 2011 (order dated 16-06-2026). Condonation of delay and abatement: Civil Miscellaneous Petitions filed under Section 5 of the Limitation Act and Order XXII Rules 9(2) and 4 CPC to condone a delay of 1228 days, set aside the abatement caused by the death of the 1st respondent (Ayyasamy Konar), and bring respondents 5 to 9 on record as his legal heirs in the pending Second Appeal S.A.(MD)No.332 of 2011 were allowed, the Court being satisfied with the reasons stated in the supporting affidavit. Counsel for respondents 5 to 9 raised no objection, and a memo confirming that the petitioner/appellant was alive was recorded. The Registry was directed to carry out necessary amendments in the appeal memorandum.

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CMP(MD) NOS. 4054 to 4056 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16-06-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NOS. 4054 to 4056 of 2026

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SA(MD) NO. 332 of 2011

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V.Krishnasamy

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Petitioner(s) in all petitions

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1.Ayyasamy Konar (Died)

2.Ponram

3.Arumugam

4.Dandapandi

5.Chellammal

6.Sarasu

7.Sakthivel

8.Ramar

9.Lakshmanan

Respondent(s) in all petitions

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For Petitioner(s) in all petitions :

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Mr.G.Gomathisankar, 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. 4054 to 4056 of 2026

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For Respondent(s) in all petitions : Mr.J.Alaguram Jothi, Advocate for R5 to R9

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R2 & R3 – No Appearance

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R4 – Dismissed (vide order dated 05.08.2025)

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R1 – Died

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Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of Limitation Act, Order XXII Rule 9(2) and Order XXII Rule 4 of the Code of Civil Procedure, seeking to condone the delay of 1228 days in filing the petition to set aside the abatement caused due to death of the 1^st respondent, to set aside the abatement caused due to the death of the 1^st respondent, and to bring on record respondents 5 to 9 as the legal heirs of the deceased 1^st respondent and rank them as respondents 5 to 9 in the Second Appeal in S.A.(MD)No.332 of 2011 before this Court.

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COMMON ORDER

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These Civil Miscellaneous Petitions have been filed to condone the delay of 1228 days in filing the petition to set aside the abatement caused due to death of the 1^st respondent, to set aside the abatement caused due to the death of the 1^st respondent, and to bring on record respondents 5 to 9 as the legal heirs of the deceased 1^st respondent and rank them as respondents 5 to 9 in the Second Appeal in S.A.(MD)No.332 of 2011 before 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. 4054 to 4056 of 2026

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