K. Arumugam (Died) 1. A. Yasotha v. K. Jayaraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2025 CORAM: THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.Nos.4155, 4159 & 4162 of 2025 in A.S.No.813 of 2010 K. Arumugam (died)

¶1A.Yasotha

¶2A.Arunkumar

¶3S.Suganya ... Petitioners / Proposed Appellants 2 to 4 in all CMPs Vs.

¶1K.Jayaraman ... Respondent / First respondent in all CMPs Krishnaveni (Died)

¶2Jayalakshmi

3.Saraswathi ... Respondents / Respondents 3 & 4 in all CMPs Devadass (died)

¶4R.Ponnusamy

¶5Tmt. Karuppurathinam

¶6Tmt. Bagiya Lakshmi ... Respondents / Proposed respondents 6 to 8 in all CMPs

¶7Pushpammal

¶8Kannan

¶9Nagendran ... Respondents / Proposed respondents 9 to 11 in all CMPs Page No.1 of 4 PRAYER IN

CMP.No.4155 of 2025

: This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 377 days in filing the above petition to set aside abatement caused due to the death of the sole Appellant, K.Arumugam in the above appeal suit in A.S.No.813 / 2010. PRAYER IN CMP.No.4159 of 2025 : This Civil Miscellaneous Petition filed under Order XXII Rule 9 (2) of CPC, 1908, praying to set aside the abatement cause due to the death of the sole appellant, K.Arumugam in the above appeal suit in A.S.No.813 of 2010. PRAYER IN CMP.No.4162 of 2025 : This Civil Miscellaneous Petition filed under Order XXII Rule 3 of CPC, 1908, praying to bring on record the petitioners 1 to 3 herein as the legal representatives of the deceased / sole appellant, K.Arumugam and rank them as the appellants 2 to 4 in the above appeal suit in A.S.No.813 of 2010.

For Petitioners : Mr.P.M.Duraiswamy in all CMPs For Respondents : Mr.P.Raja for R1 to R4 in all CMPs COMMON ORDER CMP.No.4155 of 2025 has been filed to condone the delay of 377 days in filing the above petition to set aside abatement caused due to the death of the sole Appellant, K.Arumugam in the above appeal suit. Page No.2 of 4

¶2CMP.No.4159 of 2025 has been filed to set aside the abatement cause due to the death of the sole appellant, K.Arumugam in the above appeal suit.

¶3CMP.No.4162 of 2025 has been filed to bring on record the petitioners 1 to 3 herein as the legal representatives of the deceased / sole appellant, K.Arumugam and rank them as the appellants 2 to 4 in the above appeal suit.

¶4Heard Mr.P.M.Duraiswamy, learned counsel for the petitioners and Mr.P.Raja, learned counsel for the respondents 1 to 4.

¶5On being satisfied with the reasons stated in the affidavits filed in support of these petitions and also considering the submissions made on either side, this Court is inclined to allow these petitions. Accordingly, these petitions are allowed without costs.

03.07.2025 av Note: Registry is directed to carry out necessary amendment in the appeal papers.

Page No.3 of 4 CMP.Nos.4155, 4159 & 4162 of 2025 in A.S.No.813 of 2010 R.SAKTHIVEL,oJ. av o CMP.Nos.4155,o4159o&o4162oofo2025 ino oA.S.No.813oofo2010o CMAoNOS.423oANDo828oOFo2021 03o/o07o/o2025 (1/7) Page No.4 of 4