CMP/9221/2026 of A.N.Periasami Padayachi Vs Renganayaki Ammal

CMP NOS.9221, 9226 & 9227 OF 2026 IN S.A.NO.1854 OF 2003 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2026 CORAM THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP NOS.9221, 9226 AND 9227 OF 2026 IN S.A.NO.1854 OF 2003 1.A.N.Periasami Padayachi (Died) … 1 st Appellant in all CMPs’ 2.A.P.Raja S/o. Late Periasami Padayachi Oogakur Village Post, Kunnam Taluk, Perambalur District. … 1 st Petitioner / 2nd Appellant in all CMPs’ 3.S.Suguna (Died) … 3 rd Appellant in all CMPs’ Legal heirs of 3 rd appellant 4.Samy Kannu S/o. Chidambram 5.Indira D/o. Samy Kannu 6.Agilan (Minor) Represented by his father and Natural Guardian Velavan Page No. 1 of 6 https://www.mhc.tn.gov.in/judis CMP NOS.9221, 9226 & 9227 OF 2026 IN S.A.NO.1854 OF 2003 7.Dhevesh (Minor) Represented by his father and Natural Guardian Velavan … Petitioners 4-7 / Proposed Appellant 4-7 in all CMPs’ Petitioners 4 to 7 are residing at No.1/5/3, West Street, Agaram Sigoor, Kunnam Taluk, Perambalur District. Versus 1.Renganayaki Ammal (Died) 2.R.Kumar S/o. Late Raju Chettiar Avinangudi Village, Thittakudi Vattam, Cuddalore District. … Respondents / Proposed Respondents in all CMPs’ PRAYER IN CMP NO.9221 / 2026: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, 1963, praying to condone the delay of 1089 days in setting aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal. PRAYER IN CMP NO.9226 / 2026: Civil Miscellaneous Petition filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of the third appe llant namely S.Suguna in the above Second Appeal. PRAYER IN CMP NO.9227 / 2026: Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the petitioners 4 to 7 herein as legal represent atives of the deceased third appellant namely S.Suguna and array them as appellants 4 to 7 in the above Second Appeal. For Petitioners in all CMPs’ : Mr.K.A.Vimalkumar https://www.mhc.tn.gov.in/judis CMP NOS.9221, 9226 & 9227 OF 2026 IN S.A.NO.1854 OF 2003 COMMON ORDER The Civil Miscellaneous Petition in CMP No.9221 of 2026 has been filed under Section 5 of Limitation Act, 1963, praying to condone the delay of 1089 days in setting aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal. 2.The Civil Miscellaneous Petition in CMP No.9226 of 2026 has been filed under Order XXII Rule 9(2) of the Code of Civil Procedure , 1908, praying to set aside the abatement caused due to the death of the third appellant namely S.Suguna in the above Second Appeal. 3.The Civil Miscellaneous Petition in CMP No.9227 of 2026 has been filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the petitioners 4 to 7 herein as lega l representatives of the deceased third appellant namely S.Suguna and arr ay them as appellants 4 to 7 in the above Second Appeal. Page No. 3 of 6 https://www.mhc.tn.gov.in/judis CMP NOS.9221, 9226 & 9227 OF 2026 IN S.A.NO.1854 OF 2003 4.This Court has perused the case file. 5.Having satisfied with the reasons stated in the accompanying affidavits, (i) the petition in CMP No.9221 of 2026 is allowed and the delay of 1089 days in seeking to set aside the abatement caused due to the death of the third appellant in the above Second Appeal is condoned; (ii) the petition in CMP No.9226 of 2026 is allowed and the abatement caused due to the death of the deceased third appellant is set aside; and (iii) the petition in CMP No.9227 of 2026 is allowed and the legal representatives of the deceased third appellant as stated in the accompanying affidavit in CMP No.9227 of 2026 are brought on record. https://www.mhc.tn.gov.in/judis CMP NOS.9221, 9226 & 9227 OF 2026 IN S.A.NO.1854 OF 2003 6.Registry is directed to carry out necessary amendment in the ca use title in the Memorandum of Grounds of Appeal and list the Second Appeal on 05.06.2026. 08.04.2026 (2/7) TK Page No. 5 of 6 https://www.mhc.tn.gov.in/judis CMP NOS.9221, 9226 & 9227 OF 2026 IN S.A.NO.1854 OF 2003 R. SAKTHIVEL, J. TK CMP NOS.9221, 9226 AND 9227 OF 2026 IN S.A.NO.1854 OF 2003 08.04.2026 (2/7) https://www.mhc.tn.gov.in/judis