BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP(MD).Nos.16029, 16032, 16034, 16036, 16037 & 16038 of 2025 and CMP(MD)Nos.16041, 16044, 16046, 16048, 16047 and 16050 of 2025 in S.A.Nos.2069 & 2070 of 2001 CMP(MD).Nos.16029, 16032, 16034, 16036, 16037 & 16038 of 2025: C.Rajan Petitioner(s) Vs 1.Ayyappan (Died) 2.Parameswaran (Died) 3.Paulu Pillai 4.Paulraj 5.Premakala Chellappan (Died) 6.Haridas 7.Radha Rajeswari @ Vimala (Died) 8.Amala Manoharan 9.Jaya Sekaran 10.Josephin Mary 11.Jesus Christopher 12.C.Margeret 13.Soman 14.Grellet 15.Grant 1/5 https://www.mhc.tn.gov.in/judis 16.Sherly 17.Pushpam 18.Lalitha 19.Ravi Shankar 20.Cibi Paramesh 21.Giri Paramesh Respondent(s) Prayer: Civil Miscellaneous Petitions filed under Section 5 of the Limitation Act and Order 22 Rule 9 of CPC, to condone the delay of 59 and 660 days in filing the application to set aside the abatement caused due to the death of the deceased 1st respondent/1st appellant, Ayyappan and 2nd respondent/2nd appellant, Parameswaran in the Second Appeal; to set aside the abatement due to the death of the deceased 1st respondent/1st appellant, Ayyappan and 2nd respondent/2nd appellant, Parameswaran in the Second Appeal; and to bring on record the respondents 17 to 19 herein, the legal heirs of the deceased 1st respondent/1st appellant and rank them as respondents 17 to 19 and bring on record the respondents 20 and 21 herein, the legal heirs of the deceased 2nd respondent/2nd appellant and rank them as respondents 20 and 21 in the above Second Appeal. CMP(MD)Nos.16041, 16044, 16046, 16048, 16047 and 16050 of 2025: C.Rajan Petitioner(s) Vs 1.Ayyappan (Died) 2.Parameswaran (Died) 3.Paulu Pillai 4.Paulraj 2/5 https://www.mhc.tn.gov.in/judis 5.Premakala Chellappan (Died) 6.Radha Rajeswari @ Vimala (Died) 7.Amala Manoharan 8.Jaya Sekaran 9.Josephin Mary 10.Jesus Christopher 11.C.Margeret 12.Soman 13.Grellet 14.Grant 15.Sherly 16.Pushpam 17.Lalitha 18.Ravi Shankar 19.Cibi Paramesh 20.Giri Paramesh Respondent(s) Prayer: Civil Miscellaneous Petitions filed under Section 5 of the Limitation Act and Order 22 Rule 9 of CPC, to condone the delay of 59 and 660 days in filing the application to set aside the abatement caused due to the death of the deceased 1st respondent/1st appellant, Ayyappan and 2nd respondent/2nd appellant, Parameswaran in the Second Appeal; to set aside the abatement due to the death of the deceased 1st respondent/1st appellant, Ayyappan and 2nd respondent/2nd appellant, Parameswaran in the Second Appeal; and to bring on record the respondents 16 to 18 herein, the legal heirs of the deceased 1st respondent/1st appellant and rank them as respondents 16 to 18 and bring on record the respondents 19 and 20 herein, the legal heirs of the 3/5 https://www.mhc.tn.gov.in/judis deceased 2nd respondent/2nd appellant and rank them as respondents 19 and 20 in the above Second Appeal. For Petitioner(s): Mrs.J.Anandhavalli in all CMPs For Respondent(s): Mr.R.J.Karthick for R1 to R5 in all CMPs COMMON ORDER These applications have been taken out to condone the delay of 59 and 660 days in filing the applications to set aside the abatement caused due to the death of the deceased 1st respondent/1st appellant, Ayyappan and 2nd respondent/2nd appellant, Parameswaran; to set aside the abatement due to the death of the deceased 1st respondent/1st appellant, Ayyappan and 2nd respondent/2nd appellant, Parameswaran; and to bring on record the proposed respondents, legal heirs of the deceased 1st respondent/1st appellant and the 2nd respondent/2nd appellant in the above Second Appeals. 2.Heard the learned counsel on either side. 3.I have gone through the affidavits filed in support of the applications and I am satisfied with the reasons stated in the affidavits filed 4/5 https://www.mhc.tn.gov.in/judis in support of the applications that the legal heirs are proper and necessary parties. Hence, I am inclined to allow all these applications. 4.Accordingly, the Civil Miscellaneous Petitions are allowed. Registry is directed to carryout necessary amendments. 26.09.2025 ata CMP(MD).Nos.16029, 16032, 16034, 16036, 16037 & 16038 of 2025 and CMP(MD)Nos.16041, 16044, 16046, 16048, 16047 and 16050 of 2025 in S.A.Nos.2069 & 2070 of 2001 5/5 https://www.mhc.tn.gov.in/judis