Muniammal (Died) v. Perumal Udayar

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU in S.A.No.673 of 2015

¶1Muniammal (Died)

¶2Tmt.Pachaiammal D/o. Late. Muniammal W/o.Natarajan Molasur Village Villupuram District.

¶3Tmt.Pushpa D/o. Late. Muniammal W/o. Ramalingam Molasur Village ..Appellants/Proposed Appellants(s) Vs

¶1Perumal Udayar S/o. Subburayan Page2 of 8

¶2Venkatesan S/o. Pavadai Udayar

¶3Srinivasan S/o. Pavadai Udayar

¶4Natarajan S/o. Pavadai Udayar

¶5Govindan S/o. Pavadai Udayar

¶6Muniammal W/o. Pavadai Udayar Page3 of 8

¶7Sumathi D/o. Pavadai Udayar

¶8Kamatchi D/o. Pavadai Udayar ..Respondent(s) Prayer in C.M.P.No.2425 of 2026: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, praying to Condone the delay of 47 days in filing the petition to set aside abatement caused due to the death of the Sole Appellant viz., Muniammal in the above SA 637 / 2015. Prayer in C.M.P.No.2427 of 2026: Civil Miscellaneous Petition filed under Order 22 Rule 9(2) of C.P.C., praying to set aside abatement caused due to the death of the Sole Appellant viz., Muniammal in the above SA 637 / 2015. Prayer in C.M.P.No.2428 of 2026: Civil Miscellaneous Petition filed under Order 22 Rule 3 of C.P.C., praying to bring on record the following persons viz., Pachaiammal, Pushpa, molasur Village, Gingee Taluk, Villupuram District Page4 of 8 as the legal representatives of the deceased Sole Appellant viz., Muniammal in the above SA 637 / 2015. For Petitioners(s): Mr.T.Dhanasekaran (in all C.M.Ps) COMMON ORDER These Civil Miscellaneous Petitions have been filed

(i) to Condone the delay of 47 days in filing the petition to set aside abatement caused due to the death of the Sole Appellant viz., Muniammal in the above Second Appeal;

(ii) To set aside abatement caused due to the death of the Sole Appellant viz., Muniammal in the above Second Appeal and

(iii) To bring on record the following persons viz., Pachaiammal, Pushpa, molasur Village, Gingee Taluk, Villupuram District as the legal representatives of the deceased Sole Appellant viz., Muniammal in the above Second Appeal.

¶2The civil miscellaneous petitions have been filed by the daughters of the deceased sole appellant, who are the Legal Heirs and in support of their application, they have also placed on record the Death Certificate of the sole appellant and also the Death Certificate of the husband of the sole appellant, which indicates that the present proposed appellants are the only daughters of the deceased sole appellants. Page5 of 8

¶3Considering the averments made in the affidavit filed in support of these petitions and having been satisfied with the reasons stated therein, the delay of 47 days in filing the petition to set aside abatement caused due to the death of the sole appellant stands condoned and CMP.No.2425 of 2026 in S.A.No.673 of 2015 stands allowed; The abatement caused due to the death of the sole appellant is set aside and C.M.P.No.2427 of 2026 in S.A.No.673 of 2015 is ordered; The following persons viz., (1)Pachaiammal, (2) Pushpa, Molasur Village, Gingee Taluk, Villupuram District are brought on record as the Legal Representatives of the deceased Sole Appellant and rank them as appellants 2 and 3 in the above Second Appeal and accordingly, CMP.No.2428 of 2026 in S.A.No.673 of 2015 stands allowed. No costs. 30-01-2026 Index: Yes/No Speaking/Non-speaking order Note: Registry is directed to carry out the necessary amendments in the cause title and list the second appeal after two weeks. kak Page6 of 8 To

¶1Perumal Udayar S/o. Subburayan

¶2Venkatesan S/o. Pavadai Udayar

¶3Srinivasan S/o. Pavadai Udayar

¶4Natarajan S/o. Pavadai Udayar

¶5Govindan S/o. Pavadai Udayar

¶6Muniammal W/o. Pavadai Udayar

¶7Sumathi D/o. Pavadai Udayar Page7 of 8

¶8Kamatchi D/o. Pavadai Udayar CMPoNos.o2425,o2427o&o2428oofo2026 K.KUMARESHoBABU,oJ. kak CMPoNos.o2425,o2427o &o2428oofo2026 30-01-2026 Page8oofo8