Allowed¶40

Arulmigu Throwpathi Amman Kovil v. K.Venkatachalam (Died) 2. K.Shankar

Madras HC3 Feb 2026CMP(MD)/599/2025

Case brief

AI extract

What is this about?

Condonation of delay of 399 days; set aside abatement caused by death of 1st respondent K.Venkatachalam; legal representatives respondent Nos.3 to 9 (Pichaiyammal, Ashok Kumar, Suresh Kumar, Seenivasan, Satheesh Karpuram, Usharani, Vasuki) brought on record; Appeal Suit A.S.(MD)No.113 of 2022; Civil Miscellaneous Petitions CMP(MD)NOS. 599, 600, & 601 of 2025; Madurai Bench of Madras High Court; Justice P.Vadamalai; petitions allowed; Registry directed to amend appeal memorandum and list appeal in usual course.

What did the court decide?

Delay of 399 days condoned; abatement caused by the death of the 1st respondent set aside; respondent Nos.3 to 9 brought on record and ranked as respondent Nos.3 to 9 in A.S.(MD)No.113 of 2022. ¶40

Arulmigu Throwpathi Amman Kovil Vs K.Venkatachalam (Died) 2. K.Shankar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 399 days condoned; abatement caused by the death of the 1st respondent set aside; respondent Nos.3 to 9 brought on record and ranked as respondent Nos.3 to 9 in A.S.(MD)No.113 of 2022.

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Issue for consideration

Whether the delay of 399 days in filing the Civil Miscellaneous Petitions should be condoned so as to set aside the abatement caused by the death of the 1st respondent and to bring respondent Nos.3 to 9 on record as legal representatives of the deceased 1st respondent in A.S.(MD)No.113 of 2022.

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Court's answer

Being satisfied with the reasons stated in the affidavits, the court allowed the Civil Miscellaneous Petitions, thereby condoning the delay of 399 days, setting aside the abatement caused by the death of the 1st respondent, and bringing respondent Nos.3 to 9 on record as legal representatives in A.S.(MD)No.113 of 2022.

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Ratio / Principle

The learned counsel for respondent Nos.2, 4 to 7 did not raise any objections to allowing the petitions.

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Key takeaways

The Registry was directed to carry out necessary amendments in the appeal memorandum and to list the appeal in the usual course.obiter¶42

Detailed headnote1 paragraphs

CMP(MD)Nos.599, 600 & 601 of 2025 in A.S.(MD)No.113 of 2022 - Madurai Bench of Madras High Court (Honourable Mr Justice P.Vadamalai), order dated 03-02-2026. Petitioners: Arulmigu Throwpathi Amman Kovil (through its President) and its Secretary, Velipattinam, Ramanathapuram Town. The petitions sought condonation of a 399-day delay in filing applications to set aside the abatement of the appeal caused by the death of the 1st respondent (K.Venkatachalam) and to bring respondent Nos.3 to 9 on record as his legal representatives. Counsel for respondent Nos.2, 4 to 7 raised no objection. Being satisfied with the reasons stated in the affidavits, the court allowed the petitions and directed the Registry to carry out necessary amendments in the appeal memorandum and list the appeal in the usual course.

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CMP(MD) NOS. 599, 600, & 601 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-02-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NOS. 599, 600, & 601 of 2025

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AS(MD)NO.113 of 2022

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1.Arulmigu Throwpathi Amman Kovil, Rep. thro' its President, Velipattinam, Ramanathapuram Town.

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2.The Secretary, Arulmuighu Throwpathi Amman Koil, Velipattinam, Ramanathapuram Town.

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Petitioner(s) in all petitions

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1.K.Venkatachalam (Died)

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2.K.Shankar

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3.Pichaiyammal

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4.Ashok Kumar

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5.Suresh Kumar

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6.Seenivasan

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7.Satheesh Karpuram

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1/5

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

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CMP(MD) NOS. 599, 600, & 601 of 2025

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8.Usharani

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9.Vasuki

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Respondent(s) in all petitions

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For Petitioner(s) in all petitions : Mr.R.Gowrishankar, Advocate

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For Respondent(s) in all petitions : Mr.R.J.Karthick, Advocate for R2, R4 to R7

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Common Prayer : Civil Miscellaneous Petitions are filed to condone the delay of 399 days in filing the set aside the abatement caused due to the 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 respondent Nos.3 to 9 as legal representatives of the deceased 1^st respondent and rank them as respondent Nos.3 to 9 in the Appeal Suit in A.S.(MD)No.113 of 2022.

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COMMON ORDER

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These Civil Miscellaneous Petitions have been filed to condone the delay of 399 days in filing the set aside the abatement caused due to the 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 respondent Nos.3 to 9 as legal representatives of the deceased 1^st respondent and rank them as respondent Nos.3 to 9 in the Appeal Suit in A.S.(MD)No.113 of 2022 pending on the file of this Court.

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2/5

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

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CMP(MD) NOS. 599, 600, & 601 of 2025

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