C.Doraisamy (Died)1. D.S.Gunasekaran v. C.Sengottaian (Died)Samiyathal (Died)Kolandasamy (Died)1. Dhachanamoorthy2. Chinnathal @ Nirmaladevi (not heard of)3. Saroja
Case at a glance
Outcome
Allowed
Accordingly, these civil miscellaneous petitions are allowed without costs
Provisions considered
- Limitation Act, 1963 s. 5
- Code of Civil Procedure, 1908 O. XXII r. 4
Key paragraphs
- Para 66. Damayanthi7. Selvanayagi ... Respondents / Respondents in all CMPs8. Tmt. Gajalakshmi ... Proposed Respondent / Legal heirs of deceased 9th respondent in all CMPsPage No.1 of 5 https://www.mhc.tn.gov.in/judis CMP.Nos.16638, 16640 & 16647 of 2025 in A.S.No.351 of 1993PRAYER IN CMP.No.16638 of 2025 : This…
Judgment
CMP.Nos.16638, 16640 & 16647 of 2025 in A.S.No.351 of 1993IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.08.2025 CORAM:THE HONOURABLE MR. JUSTICE R.SAKTHIVELCMP.Nos.16638, 16640 & 16647 of 2025in A.S.No.351 of 1993C.Doraisamy (Died)
D.S.Gunasekaran ... Petitioner / 2nd Appellant in all CMPsVs.C.Sengottaian (Died)Samiyathal (Died)Kolandasamy (Died)1. Dhachanamoorthy2. Chinnathal @ Nirmaladevi (not heard of)
Saroja @ Saraswathi4. Thulasiammal (not heard of)
VijayakumarD.Kanagaraj (Died)
Damayanthi7. Selvanayagi ... Respondents / Respondents in all CMPs8. Tmt. Gajalakshmi ... Proposed Respondent / Legal heirs of deceased 9th respondent in all CMPsPage No.1 of 5 https://www.mhc.tn.gov.in/judis CMP.Nos.16638, 16640 & 16647 of 2025 in A.S.No.351 of 1993PRAYER IN CMP.No.16638 of 2025 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 1068 days in filing petition to set aside the abetment caused due to the death of ninth respondent Mr.Kanagaraj in the above first appeal in A.S.No.351 of 1993. PRAYER IN CMP.No.16640 of 2025 : This Civil Miscellaneous Petition filed under Order XXII Rule 9 (2) of Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of ninth respondent Mr.Kanagaraj in the above first appeal in A.S.No.351 of 1993. PRAYER IN CMP.No.16647 of 2025 : This Civil Miscellaneous Petition filed under Order XXII Rule 4 of Code of Civil Procedure, 1908, praying to bring on record Mrs.K.Gajalakshmi, who is the proposed respondent herein as the legal heirs of the deceased ninth respondent Mr.Kanagaraj as the twelveth respondent in the above first appeal in A.S.No.351 of 1993.
For Petitioner : Mr.D.Selvaraju in all CMPsFor R1 to R3 : Mr.R.P.Ruban Chakaravarthy for M/s.V.V.Sathya in all CMPsFor R5 : Mr.R.P.Ruban Chakaravarthy in all CMPsFor R6 & R7 : Mr.S.Vijaya Kumar in all CMPs Page No.2 of 5 https://www.mhc.tn.gov.in/judis CMP.Nos.16638, 16640 & 16647 of 2025 in A.S.No.351 of 1993COMMON ORDERCMP.No.16638 of 2025 has been filed to condone the delay of 1068 days in filing petition to set aside the abetment caused due to the death of ninth respondent Mr.Kanagaraj in the above appeal suit in A.S.No.351 of 1993. 2. CMP.No.16640 of 2025 has been filed to set aside the abatement caused due to the death of ninth respondent Mr.Kanagaraj in the above appeal suit in A.S.No.351 of 1993. 3. CMP.No.16647 of 2025 has been filed to bring on record Mrs.K.Gajalakshmi, who is the proposed respondent herein as the legal heirs of the deceased ninth respondent Mr.Kanagaraj as the twelveth respondent in the above appeal suit in A.S.No.351 of 1993.
Operative part
4. Heard Mr.D.Selvaraju, learned counsel on record for the petitioner, Mr.R.P.Ruban Chakaravarthy, representing M/s.V.V.Sathya, learned counsel on record for the respondent Nos.1 to 3, Mr.R.P.Ruban Chakaravarthy, learned counsel on record for the fifth respondent and Mr.S.Vijaya Kumar, learned counsel on record for the respondent Nos. 6 & 7. Page No.3 of 5 https://www.mhc.tn.gov.in/judis CMP.Nos.16638, 16640 & 16647 of 2025 in A.S.No.351 of 19935. This Court has perused the affidavits filed in support of the petitions and on being satisfied with the reasons stated in the aforestated affidavits and also considering the submissions made on either side, this Court is inclined to allow these petitions. Accordingly, these civil miscellaneous petitions are allowed without costs. 04.08.2025 avNote: Registry is directed to carry out the amendments in the appeal papers. Page No.4 of 5 https://www.mhc.tn.gov.in/judis CMP.Nos.16638, 16640 & 16647 of 2025 in A.S.No.351 of 1993R.SAKTHIVEL, J.av CMP.Nos.16638, 16640 & 16647 of 2025in A.S.No.351 of 199304 / 08 / 2025(5/7)Page No.5 of 5
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, these civil miscellaneous petitions are allowed without costs
Which statutory provisions did this judgment involve?
Limitation Act, 1963 — s. 5; Code of Civil Procedure, 1908 — O. XXII r. 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.