D.Soundara Pandian Nadar v. R.J.N.Fazular Rahman

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN CMP Nos. 18969, 18970 and 18971 of 2026 in AS No. 231 of 2021 D.Soundara Pandian Nadar S/o.G.Duraisamy Nadar, ..Petitioner in all applications

Vs

¶1R.J.N.Fazular Rahman S/o. Jamal Nazeem,

¶2Kathija Younoos W/o. G.Mohamed Younoon,

¶3J.N.Thahseen Fathima W/o. Mohamed Rafeek, Late. M.Jesuraj,

¶4K.Arumugam S/o. Kuppusamy,

¶5A.K.Gulam Mohamed S/o. A.Khader Gilani,

¶6K.Parthiban (Deceased)

¶7Rajeswari W/o. K.Parthiban,

¶8Sub Registrar Page2 of 5 Redhills, Chennai 600 052.

¶9Arokiyamary W/o. Late. M.Jesuraj.

10.Hansi Mary D/o. Late. M.Jesuraj.

11.Suno Mary D/o. Late M.Jesuraj. … Respondents in all applications

12.K.Sundarammal W/o. Late Kandasamy,

13.P.Vikkey S/o. Late K.Parthiban,

14.P.Nithin S/o. Late K.Parthiban, … Proposed Respondents in all applications C.M.P No. 18969 of 2026 : Petition filed under Section 5 of Limitation Act to Condone the delay of 913 days in filing the application to set aside the abatement of the above appeal as against the deceased 6th Respondent and thus render justice. C.M.P.No.18970 of 2026 : Petition filed under Order XXII Rule 9(2) of CPC to set aside the abatement of the above appeal as against the deceased 6th respondent. C.M.P.No.18971 of 2026 : Petition filed under Order XXII Rule 4 of CPC to permit the petitioner/appellant to bring the legal representatives of the deceased late Mr.K.Parthiban, 6th respondent, namely K.Sundarammal, Vikkey P and Nithin P on record as proposed respondents 12 to 14. Page3 of 5 For Petitioner: in all petitions Mr.S.Ranjith Kumar For Respondent(s): Mr.S.Veeraraghavan for R4 In all petitions Mr.K.Balu for R6 and R7 Mr.V.Prasad Government Pleader for R8 COMMON ORDER (Order of the Court was made by N.Sathish Kumar J.) These three applications have been filed to condone the delay in filing the petition to set aside abatement caused due to the death of 6th respondent, to set abatement and to bring on record the legal heirs of 6th respondent.

¶2Heard the learned counsel for the petitioner.

¶3The learned counsel for the petitioner submitted that the sixth respondent died on 17.08.2023, but the death was intimated to the appellant only on

16.06.2026, due to which there was a delay in filing the above petitions. He would further submit that sixth respondent's wife Rajeswari is already on record as 7th respondent and C.M.P.No.18971 of 2026 has been filed to bring on record the other legal heirs of 6th respondent.

¶4The learned counsel for respondents, who are before this Court, submit that they have no objection for allowing these petitions. Page4 of 5

¶5In view of the above submissions, these petitions are allowed, the delay of 913 days in filing the application to set aside abatement is condoned, the abatement caused due to the death of the 6th respondent is set aside and the legal heirs of 6th respondent viz., K.Sundarammal, P.Vikkey and P.Nithin are brought on record as Respondents 12 to 14.

¶6Registry is directed to carry out necessary and consequential amendments in the appeal and issue notice to newly added parties returnable by

12.08.2026. Private notice is also permitted.

¶7List the appeal on 12.08.2026. (N.S.K.,J.) (M.J.R.,J.) 22-07-2026 gpa CMPoNo.o18969oofo2026 N.SATHISHoKUMARoJ. AND M.JOTHIRAMANoJ. gpa CMPoNos.o18969,o18970oando18971oofo2026 in ASoNo.o231oofo2021 22-07-2026 Page5oofo5