Kannan v. Kamalammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02/04/2026 CORAM: THE HONOURABLE MR. JUSTICE R.SAKTHIVEL IN S.A.NO.834 OF 2005 C.M.P.No.10906 of 2021 Kannan S/o.Late. Appayee Vaniyambadi, Vellore District. ... Petitioner/Appellant Vs.

1.Kamalammal W/o.Late.Pappaiyan,

2.Jayaraj (died)

3.Chandrasekar

4.Ashokan No.10, Sarangapani Street, Metha Nagar, Chennai – 29. Page No.1 of 8

5.Vijayakumar,

6.Vijayalakshmi

7.Santhanalakshmi, Vaniyambadi Taluk. … Respondents 1 to 7/ Respondents

8.J.Jayalakshmi, W/o.Jayaraj (died)

9.Surya D/o.Jayaraj

10.Chandran S/o.Jayaraj 8 to 10 are residing at Melkuppam Village, Chinnapallikuppam Post, Vaniyambadi Taluk, Vellore District.

…Proposed Respondents 8 to 10/ Respondents PRAYER: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, praying to condone the delay of 2662 days in filing the petition to set-aside the abatement caused due to the death of 2nd Respondent in the above S.A.No.834 of 2005. Page No.2 of 8 C.M.P.No.10909 of 2021 Kannan S/o.Late. Appayee Vaniyambadi, Vellore District. ... Petitioner/Appellant Vs.

1.Kamalammal W/o.Late.Pappaiyan,

2.Jayaraj (died)

3.Chandrasekar

4.Ashokan No.10, Sarangapani Street, Metha Nagar, Chennai – 29.

5.Vijayakumar,

6.Vijayalakshmi Page No.3 of 8

7.Santhanalakshmi, Vaniyambadi Taluk. … Respondents 1 to 7/ Respondents

8.J.Jayalakshmi, W/o.Jayaraj (died)

9.Surya D/o.Jayaraj

10.Chandran S/o.Jayaraj 8 to 10 are residing at Melkuppam Village, Chinnapallikuppam Post, Vaniyambadi Taluk, Vellore District.

…Proposed Respondents 8 to 10/ Respondents PRAYER: Civil Miscellaneous Petition filed under Order XXII Rule 9 of the Code of the Civil Procedure, 1908, praying to set-aside the abatement caused due to the death of 2nd Respondent in the above S.A.No.834 of 2005. C.M.P.No.10910 of 2021 Kannan S/o.Late. Appayee Vaniyambadi, Vellore District. ... Petitioner/Appellant Vs. Page No.4 of 8

1.Kamalammal W/o.Late.Pappaiyan,

2.Jayaraj (died)

3.Chandrasekar

4.Ashokan No.10, Sarangapani Street, Metha Nagar, Chennai – 29.

5.Vijayakumar,

6.Vijayalakshmi

7.Santhanalakshmi, Page No.5 of 8 Vaniyambadi Taluk. … Respondents 1 to 7/ Respondents

8.J.Jayalakshmi, W/o.Jayaraj (died)

9.Surya D/o.Jayaraj

10.Chandran S/o.Jayaraj 8 to 10 are residing at Melkuppam Village, Chinnapallikuppam Post, Vaniyambadi Taluk, Vellore District.

…Proposed Respondents 8 to 10/ Respondents PRAYER: Civil Miscellaneous Petition filed under Order XXII Rule 4 of the Code of the Civil Procedure, 1908, praying to bring on record the legal heirs of the deceased 2nd Respondent and rank them as Respondents 8 to 10 in the above S.A.No.834 of 2005. For Petitioners

in all CMPs : Mr.P.Ganapathy COMMON ORDER Mr.P.Ganapathy, learned Counsel appearing for the Petitioner in all the Civil Miscellaneous Petitions is before this Court and submits that despite letters sent, the Petitioner did not turn up. He reports "no instructions. Page No.6 of 8

2.The said submission is recorded.

3.In view of the above submissions, these Civil Miscellaneous Petitions are dismissed for non-prosecution. 02/04/2026 pam Page No.7 of 8 R.oSAKTHIVEL,oJ. pam C.M.P.NOS.10906,o10909o&o10910oOFo2021 INoS.A.NO.834oOFo2005 02/04/2026 Page No.8 of 8