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2025 DAILYLAW 105360 (MAD)

KUPPUSAMY (DIED) 1. POOVATHAL v. CHINNASAMY

CMP/27798/2024 · 2025-01-03

R Hemalatha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.M.P. No.27798 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-01-2025 CORAM THE HONOURABLE MRS JUSTICE R. HEMALATHA C.M.P. Nos.27798, 27800 & 27803 of 2024 in S.A. No.131 of 2017 Kuppusamy (died) 1. Poovathal W/o.Periyasamy gounder, Kallankattu Pudur, Valliyarachal Village, Kangayam Taluk Tiruppur District and 2 Others .... Petitioners in all CMPs Vs CHINNASAMY S/o.karupana Gounder, Previously Mangalapatty village, Now at Rangapaiyankadu Muthur Athappampalayam Pudur, Velampalayam Village, kangayam Tk, Tiruppur Dist. and 4 Others ...Respondents in all CMPs For Petitioners: N. Manokaran For Respondents: Mr. K. Govi Ganesan For R4 1/4 https://www.mhc.tn.gov.in/judis C.M.P. No.27798 of 2024 ORDER These petitions are filed (i) to condone the delay of 751 days in filing the petition to set-aside the abatement caused due to the death of the first appellant/Kuppusamy (ii) to set-aside the abatement caused due to the death of the first appellant/Kuppusamy (iii) to bring on record the petitioners 2 and 3 herein as the legal heirs of the deceased first appellant and rank them as the appellants 3 and 4 in S.A. No.131 of 2017, respectively. 2. Though the names of the respondents 1 to 3 and 5 are printed in the cause list after serving notice in the second appeal, there is no representation on behalf of them. The learned counsel appearing for the fourth respondent did not raise any serious objection and this Court is satisfied with the reasons assigned in the affidavit filed in support of these petitions. Hence, these petitions are allowed. 3.The Registry is directed to carryout necessary amendments in the Second Appeal No.131 of 2017 and list the matter after four weeks. 03.01.2025 bga 2/4 https://www.mhc.tn.gov.in/judis C.M.P. No.27798 of 2024 To, 1. CHINNASAMY S/o.karupana Gounder, Previously Mangalapatty village, Now at Rangapaiyankadu Muthur Athappampalayam Pudur, Velampalayam Village, kangayam Tk, Tiruppur Dist. 2. SUNDARAM S/o.Subaraya Gounder, M.Palanivel Nagar, Vellakovil Kangayam Tk, Tiruppur Dist. 3. PALANISAMY S/o.Kuppana gounder, Muthur Athappampalayam Pudur, Velampalayam Village, Kangayam Tk, Tiruppur Dist. 4. RAMASAMY S/o. Marudhappa Gounder, Veppankadu, Muthur Rasatha Valasu, Kangayam Tk, Tiruppur Dist. 5. MANI S/o.Periyasamy Gounder, Veppankadu, Muthur Rasatha Valasu, kangayam Tk, Tiruppur Dist. 3/4 https://www.mhc.tn.gov.in/judis C.M.P. No.27798 of 2024 R. HEMALATHA, J. bga C.M.P. Nos.27798, 27800 & 27803 of 2024 in S.A. No.131 of 2017 03.01.2025 (1/2) 4/4 https://www.mhc.tn.gov.in/judis