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P. John Thomas (Died) 1. Glory v. Ramasamy Mooppanar

Madras HC17 Jun 2026CMP(MD)/7113/2026

Case brief

AI extract

What is this about?

Condonation of delay of 840 days; abatement of second appeal set aside; legal representatives of deceased sole appellant P.John Thomas brought on record and ranked as appellants 2 to 6; Section 5 of Limitation Act; Order XXII Rule 9 CPC; Order XXII Rule 3 CPC; S.A.(MD)No.568 of 2012; CMP(MD) NOS. 7113 to 7115 of 2026; Madurai Bench of Madras High Court; Justice P.Vadamalai; Tamil Nadu Electricity Board respondents; no serious objections by counsel for R1, R3, R4; no appearance R2, R5, R6.

What did the court decide?

Delay of 840 days condoned; abatement of S.A.(MD)No.568 of 2012 (caused by the death of sole appellant P.John Thomas) set aside; petitioners 1 to 5 admitted as his legal representatives and ranked as appellants 2 to 6; Registry directed to carry out necessary amendments in the appeal memorandum. ¶55

P. John Thomas (Died) 1. Glory Vs Ramasamy Mooppanar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 840 days in filing the petitions to set aside the abatement of the Second Appeal should be condoned. +1 more

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Court's answer

Being satisfied with the reasons stated in the affidavit, the court allowed the Civil Miscellaneous Petitions, thereby condoning the delay of 840 days in filing the petitions to set aside the abatement.

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Ratio / Principle

By allowing the petitions, the abatement of S.A.(MD)No.568 of 2012 caused by the death of the sole appellant P.John Thomas stands set aside and petitioners 1 to 5 are brought on record as his legal representatives, to be ranked as appellants 2 to 6 (inferred from the allowance of petitions whose stated purpose was these reliefs).

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Key takeaways

The Registry is directed to carry out necessary amendments in the appeal memorandum.ratio¶58

Detailed headnote1 paragraphs

CMP(MD) NOS. 7113 to 7115 of 2026 in SA(MD) NO. 568 of 2012 (Madurai Bench of Madras High Court, P.Vadamalai, J., 17-06-2026): Common order condoning a delay of 840 days in filing petitions - under Section 5 of the Limitation Act and Order XXII Rules 9 and 3 of the Code of Civil Procedure - to set aside the abatement of the Second Appeal caused by the death of the sole appellant P.John Thomas, and to bring on record petitioners 1 to 5 (Glory, Josephinrajam (Died), Lilli Michael Rani, Sahaya Jeyanthi and Mary Daisy) as his legal representatives, to be ranked as appellants 2 to 6. The learned counsel for respondents 1, 3 and 4 raised no serious objections; there was no representation for respondent 2 and no appearance for respondents 2, 5 and 6. The Registry was directed to carry out necessary amendments in the appeal memorandum.

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CMP(MD) NOS. 7113 to 7115 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17-06-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NOS. 7113 to 7115 of 2026

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SA(MD) NO. 568 of 2012

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P.John Thomas (Died)

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1.Glory

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2.Josephinrajam (Died)

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3.Lilli Michael Rani

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4.Sahaya Jeyanthi

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5.Mary Daisy

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Petitioner(s) in all petitions

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1.Ramasamy Mooppanar

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2.Tamil Nadu Electricity Board, Palayamkottai, Rep. by its Superintending Engineer.

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3.Tamil Nadu Electricity Board, Courtralam,

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1/5

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

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CMP(MD) NOS. 7113 to 7115 of 2026

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Rep. by its Junior Engineer (Village).

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Murugaiah (Died)

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4.Ramakrishnan @ Chellappa

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5.Arumugam

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6.Thirumalaikumar

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Respondent(s) in all petitions

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For Petitioner(s) in all petitions :

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Mr.D.Srinivasaragavan, Advocate

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For Respondent(s) in all petitions :

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Mr.R.Manimaran, Advocate for R1

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Mr.B.Ramanathan, Standing Counsel for R3

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M/s.Lakshmi Gopinathan for M/s.Polex Legal Solutions for R4

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R2, R5, & R6 – No Appearance

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Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of Limitation Act, Order XXII Rule 9, and Order XXII Rule 3 of the Code of Civil Procedure, to condone the delay of 840 days in filing the petition to set aside the abatement of the above Second Appeal caused due to the death of the sole Appellant, to set aside the abatement of the above Second Appeal caused due to the death of the sole Appellant, and to bring on record petitioners 1 to 5 herein as the legal representatives of

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2/5

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

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CMP(MD) NOS. 7113 to 7115 of 2026

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the deceased sole appellant, namely P.John Thomas, and rank them as appellants 2 to 6 in S.A.(MD)No.568 of 2012 on the file of this Court.

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COMMON ORDER

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These Civil Miscellaneous Petitions have ben filed to condone the

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delay of 840 days in filing the petition to set aside the abatement of the above Second Appeal caused due to the death of the sole Appellant, to set aside the abatement of the above Second Appeal caused due to the death of the sole Appellant, and to bring on record petitioners 1 to 5 herein as the legal representatives of the deceased sole appellant, namely P.John Thomas, and rank them as appellants 2 to 6 in S.A.(MD)No.568 of 2012 on the file of this Court.

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