P.C.Sasidharan (Deceased) 1. P.V.Valasala v. Colakumbay Tea Manufacturers Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 01.06.2026 Coram: THE HON'BLE MR.JUSTICE R.SAKTHIVEL P.C.Sasidharan (Deceased) ...Appellant

1.P.V.Valasala W/o. Late P.C.Sasidharan

2.E.V.Seetha D/o. Late P.C.Sasidharan All residing at 16/15, Colakumbay Bazaar, Colakumbay, The Nilgiris – 643 218. ...Petitioners/Proposed Appellants 2 & 3 in all C.M.Ps Versus Colakumbay Tea Manufacturers Private Limited Rep. by its Chief Executive Mr.R.P.Raaj, Having its registered office at Colakumbay Tea Estate, Colakumbay, The Nilgiris – 643 218. ...Respondent/Respondent in all C.M.Ps Prayer in C.M.P.No.21154 of 2024 in S.A.No.1502 of 2011: This Civil Miscellaneous Petition has been filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 775 days in filing the petition to set aside the abatement of S.A.No.1502 of 2011 in so far as the deceased 1st Appellant is concerned. Prayer in C.M.P.No.21157 of 2024 in S.A.No.1502 of 2011: This Civil Miscellaneous Petition has been filed under Order XXII Rule 9 read with Section 151 of Code of Civil Procedure, 1908 praying to set aside abatement of the deceased sole Appellant in S.A.No.1502 of 2011 in so far as the deceased 1st Appellant is concerned. Prayer in C.M.P.No.21160 of 2024 in S.A.No.1502 of 2011: This Civil Miscellaneous Petition has been filed under Order XXII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 praying to bring on record the Petitioners herein, who are the legal heirs of the deceased sole Appellant as the Appellants 2 and 3 in the above S.A.No.1502 of 2011. For Petitioners in all C.M.Ps : Ms.J.Archana For Respondent in all C.M.Ps : Mr.S.Sabarish for Mr.S.Kingston Jerold COMMON ORDER The Civil Miscellaneous Petition in C.M.P.No.21154 of 2024 has been filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 775 days in filing the application seeking to set aside the abatement caused due to the death of sole Appellant in S.A.No.1502 of 2011.

¶2The Civil Miscellaneous Petition in C.M.P.No.21157 of 2024 has been filed under Order XXII Rule 9 read with Section 151 of Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of sole Appellant in S.A.No.1502 of 2011.

¶3The Civil Miscellaneous Petition in C.M.P.No.21160 of 2024 has been filed under Order XXII Rule 3 read with Section 151 of Code of Civil Procedure, 1908, praying to bring on record the Proposed Petitioners herein (legal heirs of the deceased sole Appellant) as Appellants 2 & 3 in S.A.No.1502 of 2011.

¶4Heard Ms.J.Archana, Counsel for the Proposed Petitioners and Mr.S.Sabarish, representing Mr.S.Kingston Jerold, Counsel on record for the Respondent.

¶5Representing Counsel for the Respondent submitted that Counsel on record has no objection for these Civil Miscellaneous Petitions being allowed.

¶6This Court has perused the case files.

¶7Having satisfied with the reasons stated in the accompanying affidavits,

(i) the Petition in C.M.P.No.21154 of 2024 is allowed and the delay of 775 days in filing a petition to set aside the abatement caused due to the death of sole Appellant in S.A.No.1502 of 2011 is condoned.

(ii) the Petition in C.M.P.No.21157 of 2024 is allowed and the abatement caused due to the death of sole Appellant in S.A.No.1502 of 2011 is set aside.

(iii) the Petition in C.M.P.No.21160 of 2024 is allowed and the Proposed Petitioners are brought on record as Appellants 2 & 3 in S.A.No.1502 of 2011.

¶8Registry is directed to carry out necessary amendment in the cause title in the Memorandum of Grounds of Appeal and list S.A.No.1502 of 2011 on 15.06.2026.

01.06.2026 mrr

Index: Yes/No C.M.P.Nos.21154,o21157o&o21160oofo2024 inoS.A.No.1502oofo2011 R.SAKTHIVEL,oJ. mrr C.M.P.Nos.21154,o21157o&o21160oofo2024 inoS.A.No.1502oofo2011

01.06.2026