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2025 DAILYLAW 10786 (MAD)

SUNDARESAN v. SUBBARAYA GOUNDER

CMP/3111/2021 · 2025-06-27

K Kumaresh Babu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP NO. 3111 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-06-2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU CMP Nos. 3111 to 3113 of 2021 IN SA NO. 916 of 2016 SUNDARESAN (died On 03.05.2018) and 2 Others Appellant(s) Vs Subbaraya Gounder (died On 10.12.2004) and 15 Others Respondent(s) For Appellant(s): Ma.P.Thangavel B.Devagi Thangavel M.Lokesh For Respondent(s): ORDER The Miscellaneous Petition in C.M.P.No.3111 of 2021 has been filed to condone the delay of 542 days in filing the petition to set aside the abatement caused due to the death of the Sole appellant namely Sundaresan in the above captioned Appeal. 2. The Miscellaneous Petition in C.M.P.No.3112 of 2021 has been filed to set aside the https://www.mhc.tn.gov.in/judis abatement caused due to the death of the sole appellant namely Sundaresan in the above captioned Appeal. 3. The Miscellaneous Petition in C.M.P.No.3113 of 2021 has been filed to bring on record the petitioners 2 & 3 herein as the legal representatives of the deceased/ sole appellant namely, Sundaresan in the above Second Appeal and arrayed as Appellants 2 and 3 in the above SA. 4. Heard the learned counsel for the petitioners 5. The petitioners have sought to implead themselves as proposed appellants being the legal heirs of the deceased sole appellant. In support of their claim, they have produced the death certificate and the legal heir certificate of the deceased appellant which substantiates their claim. 6. In such view of the matter, since the claim of the petitioners are supported by material placed by them, I find no impediment if ordering the petition. Accordingly, the Civil Miscellaneous Petitions are ordered as prayed for. Necessary amendments shall be carried out https://www.mhc.tn.gov.in/judis within a period of two weeks. 7. List the matter after two (2) weeks. 27-06-2025 Gba To 1. Subbaraya Gounder (died On 10.12.2004) 2. Ekkambara Murthi S/o.Subbaraya Gounder, Res At Ladduvadi Village, Namakkal Tk And Dist. 3. SELLAMMAL W/o.Kolanda Gounder, Res At Ladduvadi Village, Namakkal Tk And Dist. 4. NATARAJ (died On 06.07.2008) 5. NALLATHAMBI S/o.Kolanda Gounder, Res At Ladduvadi Village, Namakkal Tk And Dist. 6. KALIAMMAL (died 23.1.2012) 7. Pappayee Alias Sellammal Res At Ladduvadi Village, Namakkal Tk And Dist. 8. Chettiya Gounder S/o.Palani Gounder, Mohanur, Namakkal Tk And Dist. 9. NACHIMUTHU S/o.Subramaniam, Ganapathipalayam, Oduvanthur Post, Namakkal Tk And Dist. 10. JAGANATHAN S/o.Singaranna Gounder, Ladduvadi Post, Namakkal Tk And Dist. https://www.mhc.tn.gov.in/judis 11. SARASWATHI W/o.Ramalingam, Komaripalayam Post, Namakkal Tk And Dist. 12. NITHYAKALYANI D/o. Late Subrayagounder, W/o.Subramani (atc), Ganapathipalayam Village, Oduvandhur Post, Namakkal Tk And Dist. 13. Mrs.Indirani W/o.Late Nataraj, Res At Ladduvadi Village And Post, Namakkal Tk And Dist. 14. NIVEDHA D/o.Late Nataraj, Res At Ladduvadi Village And Post, Namakkal Tk And Dist. 15. NACHIMUTHU S/o.Palaniandi, Res At Ladduvadi Village And Post, Namakkal Tk And Dist. 16. KANDAYEE W/o.Tamilarasan, Res At Kasasapalayam, S.Valavanthi Post, Namakkal Tk And Dist. https://www.mhc.tn.gov.in/judis