Adimoolam v. Muniammal

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. 18755, 18757 & 18760 of 2021 IN SA NO. 1103 OF 2000

¶1Adimoolam ( died)

¶2M.Periyammal

¶3M.Amudha

¶4M.Suganya

¶5M.Motsha Rani

¶6M.Chandra (minor) Rep.by her mother and natural Guardian Smt.M.Periyammal .. Petitioners/Appellants in all C.M.Ps. 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.

¶1Muniammal

¶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 deceased 3rd respondent

12.Mathalai Mary

13.Jeganathan Respondents 12 & 13 are legal heirs of deceased 4th respondent Page2 of 4

14.Lakshmi

15.Kuppu Respondents 14 & 15 are legal heirs of deceased 7th respondent .. Respondents/Respondents in all C.M.Ps. Prayer in CMP.No.18755 of 2021: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, praying to condone the delay of 3277 days in filing the petition to bring on record the legal representative of the deceased 3rd Respondent, viz., Gnanamuthu, in the above Second Appeal. Prayer in CMP.No.18757 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 3rd respondent, viz., Gnanamuthu, in the above Second Appeal. Prayer in CMP.No.18760 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 8 to 11 herein, the legal representatives of the deceased 3rd respondent, viz., Gnanamuthu, in the Second Appeal. In all Cases For Petitioners : Ms.S.A.Udayakumari for Mr.S.Udayakumar For Respondents 8 to 11 : Mr.A.Arikrishnan for Mr.D.Arun COMMON ORDER The Civil Miscellaneous Petition in C.M.P.No.18755 of 2026 has been filed under Section 5 of the Limitation Act, praying to condone the delay of Page3 of 4 3277 days in filing the application to set aside the abatement caused due to the death of 3rd 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 3rd Respondent in the above Second Appeal.

¶3The Civil Miscellaneous Petition in C.M.P.No.18760 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 3rd Respondent, in the above Second Appeal.

¶4Ms.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 the respondent Nos. 8 to 11 are before this Court.

¶5Representing Counsel for the Petitioners submits that the third respondent, Gnanamuthu passed away leaving behind Smt.Arokyamary, Mr.Anthony Samy, Mr.Johnson and Mr.Yesuraj, as his legal heir(s)/legal representative(s). Page4 of 4

R.SAKTHIVEL, J. KKD

¶6This Court has perused the case files.

¶7Considering the facts and circumstances of the case and with a view to decide the matter on merits and in the interest of justice, this Court is inclined to allow the petitions.

¶8Accordingly, 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. 18755, 18757 & 18760 of 2021 IN SA NO. 1103 OF 2000 (1/4)