Adhimoolam v. Muniyammal

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-06-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL CMP Nos. 18772, 18773 & 18794 of 2021 in S.A.No.1103 of 2000

¶1Adhimoolam(deceased)

¶2M.Periyammal

¶3M.Amudha

¶4M.Suganya

¶5M.Motsha Rani

¶6M.Chandra (minor) .. Petitioners/Appellants in all C.M.Ps. Rep.by her mother and natural guardian Smt.M.Periyammal Appellants 2 to 6 are brought on record as L.R's of the deceased sole appellant vide Order of Court dated 05.02.2015 made in CMP.Nos.110 to 113 of 2015 in S.A.No.1103/2000 Vs.

¶1Muniyammal

¶2Joseph

¶3Gnanamuthu ( died )

¶4Sowri Rajan(died)

¶5Arockiam

¶6Kannusamy

¶7Ramasamy(died)

¶8Arokyamary

¶9Anthony Samy

10.John

11.Yesuraj Respondents 8 to 11 are the legal heirs of the deceased 3rd respondent

12.Mathalai Mary Page2 of 4

13.Jeganathan Respondents 12 & 13 are legal heirs of the deceased 4th respondent

14.Lakshmi

15.Kuppu .. Respondents/Respondents in all C.M.Ps. Respondents 14 & 15 are legal heirs of deceased 7th respondent Prayer in CMP.No.18772 of 2021: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, praying to condone the delay of 1939 days in filing the petition to bring on record the legal representative of the deceased 4th Respondent, viz., Sowri Rajan, in the above Second Appeal. Prayer in CMP.No.18773 of 2021: Civil Miscellaneous Petition filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908, praying to set aside the abatement caused by the death of the 4th respondent, viz., Sowri Rajan, in the above Second Appeal. Prayer in CMP.No.18794 of 2021 : Civil Miscellaneous Petition filed under Order XXII Rule 4 of the Code of Civil Procedure, 1908, praying to bring on record the respondents 12 & 13 herein, the legal representatives of the deceased 4th respondent viz., Sowri Rajan , in the Second Appeal. In all Cases For Petitioners : Ms.S.A.Udayakumari for Mr.S.Udayakumar Page3 of 4 For Respondents 8 to 11 : Mr.A.Arikrishnan for Mr.D.Arun COMMON ORDER The Civil Miscellaneous Petition in C.M.P.No.18772 of 2021 has been filed under Section 5 of the Limitation Act, praying to condone the delay of 1939 days in filing the application to bring on record the legal representative of the deceased 4th respondent in the above Second Appeal.

¶2The Civil Miscellaneous Petition in C.M.P.No.18757 of 2021 has been filed under Order XXII Rule 9(2) of C.P.C, praying to set aside the abatement caused due to the death of 4th Respondent in the above Second Appeal.

¶3The Civil Miscellaneous Petition in C.M.P.No.18794 of 2021 has been filed under Order XXII Rule 4 of C.P.C, praying to bring on record the legal representatives of the deceased 4th Respondent, in the above Second Appeal.

¶4Notice sent to 12th Respondent viz., Mathalai Mary has been returned with an endorsement " died".

¶5Ms.S.A.Udayakumari, representing Mr.S.Udayakumar, Counsel on record for the Petitioners and Mr.A.Arikrishnan, representing Mr.D.Arun, Counsel on record for Respondents 8 to 11 are before this Court. Page4 of 4

R.SAKTHIVEL, J. KKD

¶6Mr.A.Arikrishnan, representing Mr.D.Arun, Counsel on record for Respondents 8 to 11 submits that the Counsel on record has filed vakalat on behalf of 13th Respondent.

¶7Heard both sides.

¶8This Court has perused the affidavit filed in support of these petitions.

¶9Reason stated in the affidavit is satisfied. Hence, this Court is inclined to allow these petitions.

¶10Accordingly, these Civil Miscellaneous Petitions are allowed. 12-06-2026 KKD Note: Registry is directed to carry out necessary amendments in the Memorandum of grounds of appeal. CMP Nos. 18772, 18773 & 18794 of 2021 in S.A.No.1103 of 2000 (2/4)