High Court · 2025

CMP No. 29504 of 2024CMP NO. 29504 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-02-2025CORAMTHE HONOURABLE MRS JUSTICE T.V.THAMILSELVICMP NO. 29504 OF 2024,CMP NO. 29519 OF 2024,CMP NO. 29523 OF 2024,CMP NO. 29506 OF 2024,CMP NO. 29509 OF 2024,CMP NO. 29517 OF 2024 in SA No. 827 of 2006P Pachaiyammal(deceased), 1. KanniyappanS/o. Parama Gounder, 73A, Kulathu Street, Peranambakkam Village, Chetpet Taluk,Tiruvannamalai 606 801 and 3 Others Appellant(s) VsVISWAPATHIRAN (Deceased), 1. PonnusamyS/o. Rama Gounder, Peranampakkam Village, Morakkaniyanur Post, Vandavasi Taluk, Tiruvannamalai District and 5 Others Respondent(s) CMP NO. 29504 of 2024P PACHAIYAMMAL(Deceased), 1. KanniyappanS/o. Parama Gounder, 73A, Kulathu Street, Peranambakkam Village, Chetpet Taluk,Tiruvannamalai 606 801 and 3 Others Appellant(s) VsVISWAPATHIRAN(Deceased), 1. PonnusamyS/o. Rama Gounder, Peranampakkam Village, Morakkaniyanur Post, Vandavasi Taluk, Tiruvannamalai District and 5 Others Respondent(s) https://www.mhc.tn.gov.in/judis CMP No. 29504 of 2024CMP NO. 29519 of 2024P Pachaiyammal(deceased), 1. KanniyappanS/o. Parama Gounder, 73A, Kulathu Street,Peranambakkam Village, ChetpetTaluk,Tiruvannamalai 606 801 and 3 Others Appellant(s) VsVISWAPATHIRAN (Deceased), 1. PonnusamyS/o. Rama Gounder, Peranampakkam Village, Morakkaniyanur Post, Vandavasi Taluk, Tiruvannamalai District and 5 Others Respondent(s) CMP NO. 29523 of 2024P Pachaiyammal(deceased), 1. KanniyappanS/o. Parama Gounder, 73A, Kulathu Street,Peranambakkam Village, ChetpetTaluk,Tiruvannamalai 606 801 and 3 Others Appellant(s) VsVISWAPATHIRAN (Deceased), 1. PonnusamyS/o. Rama Gounder, Peranampakkam Village, Morakkaniyanur Post, Vandavasi Taluk, Tiruvannamalai District and 5 Others Respondent(s) CMP NO. 29506 of 2024P PACHAIYAMMAL(Deceased),1. KanniyappanS/o. Parama Gounder, 73A, Kulathu Street, Peranampbakkam Villvage, Chetpet Taluk, Tiruvannamalai -606 801 and 3 Others Appellant(s) VsVISWAPATHIRAN(Deceased), 1. PonnusamyS/o. Rama Gounder, Peranampakkam Village, Morakkaniyanur Post, Vandavasi Taluk, Tiruvannamalai District and 5 Others https://www.mhc.tn.gov.in/judis CMP No. 29504 of 2024Respondent(s) CMP NO. 29509 of 2024P PACHAIYAMMAL(Deceased),1. KanniyappanS/o. Parama Gounder, 73A, Kulathu Street, peranambakkam Village, Chetpet Taluk, Tiruvannamalai -606 801 and 3 Others Appellant(s) VsVISWAPATHIRAN(Deceased), 1. PonnusamyS/o. Rama Gounder, Peranampakkam Village, Morakkaniyanur Post, Vandavasi Taluk, Tiruvannamalai District and 5 Others Respondent(s) CMP NO. 29517 of 2024P Pachaiyammal(deceased), 1. KanniyappanS/o. Parama Gounder, 73A, Kulathu Street,Peranambakkam Village, ChetpetTaluk,Tiruvannamalai 606 801 and 3 Others Appellant(s) VsVISWAPATHIRAN (Deceased), 1. PonnusamyS/o. Rama Gounder, Peranampakkam Village, Morakkaniyanur Post, Vandavasi Taluk, Tiruvannamalai District and 5 Others Respondent(s)CMP No. 29504 of 2024PRAYERTo condone the delay of 4290 days in filing the petition to set aside abatement of the above SA.No.827/2006 as far as the first respondent is concerned and pass such other or further orders as this Honourable Court may deem fit and proper in the interest of justiceCMP No. 29519 of 2024PRAYERTo set aside abatement of the above SA.No.827/2006 https://www.mhc.tn.gov.in/judis CMP No. 29504 of 2024CMP No. 29523 of 2024PRAYERTo bring in the Legal Representatives of the deceased appellant Pachaiammal namely 1. Kanniyappan S/o.Parama Gounder, 2. Varadan, S/o.Parama Gounder, 3. Karpagam D/o.Parama Gounder and 4. Loganayagi W/o.Moovendar and rank them as appellants 2 to 5 in the above SA No.827/2006CMP No. 29506 of 2024PRAYERTo set aside the abatement of the above S.A.No.827/2006 as far as the first respondent and pass such other or further orders as this Honourable Court may deem fit and proper in the interest of justiceCMP No. 29509 of 2024PRAYERTo allow the appellant to bring in the Legal Representatives of the deceased first respondent, Viswapathiram Namely 1.Kuppu Ammal, W/o. deceased Viswapathiran, 2. R.Tamilselvi D/o. Viswapathiran, 3.Prabu, S/o.Govindasamy, 4. Neelaveni D/o. govindasamy, 5.Govindasamy, Fathers name not known any rank then as Respondents 3 to 7 in the above S.A.No.827/2006 and pass such other or further orders as this Honourable court may deem fit and proper in the interest of justiceCMP No. 29517 of 2024PRAYERTo condone the delay of 362 days in filing the petition to set aside abatement of the above SA.No.827/2006 CMP NO. 29514 of 2024For Appellant(s): M/s. KoviramalingamFor Respondent(s): CMP NO. 29504 of 2024For Appellant(s): For Respondent(s): https://www.mhc.tn.gov.in/judis CMP No. 29504 of 2024CMP NO. 29519 of 2024For Appellant(s): For Respondent(s): CMP NO. 29523 of 2024For Appellant(s): For Respondent(s): CMP NO. 29506 of 2024For Appellant(s): For Respondent(s): CMP NO. 29509 of 2024For Appellant(s): For Respondent(s): CMP NO. 29517 of 2024For Appellant(s): For Respondent(s): ORDERCMP No. 29504 of 2024, has been filed to condone the delay of 4290 days in filing the petition to set aside the abatement of S.A No. 827 of 2006 as far as the first respondent is concerned. https://www.mhc.tn.gov.in/judis CMP No. 29504 of 20242. CMP No. 29517 of 2024, has been filed to condone the delay of 362 days in filing the petition to set aside the abatement of the above S.A No. 827 of 2006.3. CMP No. 29519 of 2024, has been filed to set aside the abatement of S.A No. 827 of 2006.4. CMP No. 29523 of 2024, has been filed to bring in the legal representatives of the deceased appellant Pachaiammal namely 1. Kanniyappan S/o Parama Gounder, 2. Varadan, S/o Parama Gounder 3. Karpagam D/o Parama Gounder and 4. Loganayagi W/o Moovendar and rank them as appellants 2 to 5 in S.A No. 827 of 2006.5. CMP No. 29506 of 2024 has been filed to set aside the abatement of S.A No. 827 of 2006 as far as the first respondent. https://www.mhc.tn.gov.in/judis CMP No. 29504 of 20246. CMP No. 29509 of 2024 has been filed to bring in the legal representatives of the deceased first respondent, Viswapathiran namely 1. Kuppu Ammal, w/o deceased Viswapathiran, 2. R.Tamilselvi D/o Viswapathiran 3. Prabu S/o Govindasamy, 4. Neelaveni D/o Govindasamy, 5. Govindasamy, father name not known any rank then as Respondents 3 to 7 in S.A No. 827 of 2006. 7. The learned counsel for the petitioner submits that the petitioner's mother was not known about the death of the first respondent and also the petitions were misplaced in the Court office and it could not be traced, and the petitioner's mother was not aged about 87 years at that time so she was not able to give instructions to the advocate to rectify the same. Hence, he prays to condone the delay of 4290 days in filing the petition to set aside the abatement of S.A No. 827 of 2006 as far as first respondent is concerned and set aside the abatement of the said second appeal. Further, he filed the petition to bring in the legal representatives of the deceased respondent.8. Considering the facts and circumstances of the case, the reason assigned by the petitioner is satisfactory. Accordingly, CMP NO. 29514 of https://www.mhc.tn.gov.in/judis CMP No. 29504 of 2024 2024 AND, CMP NO. 29504 OF 2024, CMP NO. 29519 OF 2024, CMP NO. 29523 OF 2024, CMP NO. 29506 OF 2024, CMP NO. 29509 OF 2024, CMP NO. 29517 OF 2024 are ordered. Registry is directed to list the main appeal on 16.06.2025. 28-02-2025pblToTo1. The Subordinate Judge, Cheyyar.2. The District Munsif, Vandavasi, Thiruvannamalai District.