Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 180143 (MAD)

SAGADHEVAN (Died), 1. Saraswathi v. MARAGADHAM AMMAL

CMP/30252/2025 · 2025-12-03

P B Balaji

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-12-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 1. SAGADHEVAN (Died), 1. Saraswathi W/o. Sagadhevan, 3/88(1), Utherkottai, Mookkanur Post Thinnapatti, Mookkanur, Mukkanahalli, Dharmapuri. 2. Kumaran Gandhi S/o. Sagadhevan, 3/88(1), Utherkottai, Mookkanur Post Thinnapatti, Mookkanur, Mukkanahalli, Dharmapuri. 3. Kavithagandhi W/o. Saravanan, D.No.2/356, Collectrate Post, 325, Valluvar Nagar, Dharmapuri PO, Dharmapuri Collectrate, Dharmapuri Dist. 4. S. Arulgandhi S/o. Sagadhevan, 3/88, Dinnapatti, Mookkanur Post Thinnapatti, Mookkanur, Dharmapuri. Appellant(s) Vs 1. Maragadham Ammal W/o. Muruga Mudhali, Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, https://www.mhc.tn.gov.in/judis CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 Dharmapuri Dist. 2.Velmurugan S/o. K.A. Muruga Mudhali, Resi at Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, Dharmapuri Dist. 3.Thirumurugan S/o. K.A. Muruga Mudhali, Resi at Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, Dharmapuri Dist. 4.B.Raman @ Tamil Prabhakaran S/o. Late.Beeman Thinnapatti Village, Mookanur Post, Dharmapuri Taluk and District. 5.Panjalai D/o. Beeman W/o. Konri Gounder, Resi at Manjamedu Village, Dharmapuri Dist. 6.Gomathi D/o. Beeman W/o. Ramesh, Resi at Door No. 2/221, Mayaththu Nagar, Palacode Taluk and Town, Dharmapuri District Beeman (Died) Ravi (Died) Respondent(s) CMP No. 30253 of 2025 1. SAGADHEVAN (Died), 1. Saraswathi W/o. Sagadhevan, 3/88(1), Utherkottai, Mookkanur Post Thinnapatti, Mookkanur, Mukkanahalli, Dharmapuri. 2.Kumaran Gandhi S/o. Sagadhevan, 3/88(1), Utherkottai, Mookkanur Post Thinnapatti, Mookkanur, Mukkanahalli, https://www.mhc.tn.gov.in/judis CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 Dharmapuri. 3.Kavithagandhi W/o. Saravanan, D.No.2/356, Collectrate Post, 325, Valluvar Nagar, Dharmapuri PO, Dharmapuri Collectrate, Dharmapuri Dist. 4.S. Arulgandhi S/o. Sagadhevan, 3/88, Dinnapatti, Mookkanur Post Thinnapatti, Mookkanur, Dharmapuri. Appellant(s) Vs 1. Maragadham Ammal W/o. Muruga Mudhali, Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, Dharmapuri Dist. 2.Velmurugan S/o. K.A. Muruga Mudhali, Resi at Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, Dharmapuri Dist. 3.Thirumurugan S/o. K.A. Muruga Mudhali, Resi at Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, Dharmapuri Dist. 4.B.Raman @ Tamil Prabhakaran S/o. Late.Beeman Thinnapatti Village, Mookanur Post, Dharmapuri Taluk and District. 5.Panjalai D/o. Beeman W/o. Konri Gounder, Resi at Manjamedu Village, Dharmapuri Dist. 6.Gomathi https://www.mhc.tn.gov.in/judis CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 D/o. Beeman W/o. Ramesh, Resi at Door No. 2/221, Mayaththu Nagar, Palacode Taluk and Town, Dharmapuri District Beeman (Died) Ravi (Died) Respondent(s) CMP No. 30258 of 2025 1. SAGADHEVAN (Died), 1. Saraswathi W/o. Sagadhevan, 3/88(1), Utherkottai, Mookkanur Post Thinnapatti, Mookkanur, Mukkanahalli, Dharmapuri. 2.Kumaran Gandhi S/o. Sagadhevan, 3/88(1), Utherkottai, Mookkanur Post Thinnapatti, Mookkanur, Mukkanahalli, Dharmapuri. 3.Kavithagandhi W/o. Saravanan, D.No.2/356, Collectrate Post, 325, Valluvar Nagar, Dharmapuri PO, Dharmapuri Collectrate, Dharmapuri Dist. 4.S. Arulgandhi S/o. Sagadhevan, 3/88, Dinnapatti, Mookkanur Post Thinnapatti, Mookkanur, Dharmapuri. Appellant(s) Vs 1. Maragadham Ammal W/o. Muruga Mudhali, Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, Dharmapuri Dist. https://www.mhc.tn.gov.in/judis CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 2.Velmurugan S/o. K.A. Muruga Mudhali, Resi at Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, Dharmapuri Dist. 3.Thirumurugan S/o. K.A. Muruga Mudhali, Resi at Opposite to Subramiyaswamy Temple, Annasagaram, Dharmapuri Taluk, Dharmapuri Dist. 4.B.Raman @ Tamil Prabhakaran S/o. Late.Beeman Thinnapatti Village, Mookanur Post, Dharmapuri Taluk and District. 5.Panjalai D/o. Beeman W/o. Konri Gounder, Resi at Manjamedu Village, Dharmapuri Dist. 6.Gomathi D/o. Beeman W/o. Ramesh, Resi at Door No. 2/221, Mayaththu Nagar, Palacode Taluk and Town, Dharmapuri District Beeman (Died) Ravi (Died) Respondent(s) CMP No. 30252 of 2025 PRAYER:- This petition filed under Section 5 of the Limitation Act, praying to condone the delay of 208 in seeking to set aside the abatement caused due to the death of the sole respondent Sagadhevan in CRP No.830 of 2024. https://www.mhc.tn.gov.in/judis CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 CMP No. 30253 of 2025 PRAYER :- This petition filed under Order XXII Rule 9(2) of CPC, praying to set aside the abatement caused due to the death of the sole respondent Sagadhevan in CRP No.830 of 2024. CMP No. 30258 of 2025 PRAYER This petition filed under Order XXII Rule 4 of CPC, praying to bring the petitioners 1 to 4 herein on record as the legal representatives of the deceased sole respondent Sagadhevan in the above Civil Revision Petition and rank them as respondents 2 to 5 respectively in CRP No.830 of 2024. in all CMPs For Appellant(s): Mr. T.DEERAJ for PV LAW ASSOCIATES For Respondent(s): M/s.GOWWTHAM THELAK COMMON ORDER Civil Miscellaneous Petition No.30252 of 2025 has been filed seeking TO condone the delay of 208 in seeking to set aside the abatement caused due to the death of the sole respondent, Sagadhevan in CRP No.830 of 2024. 1.1. Civil Miscellaneous Petition No.30253 of 2025 has been filed seeking to set aside the abatement caused due to the death of the sole respondent, Sagadhevan in CRP No.830 of 2024. https://www.mhc.tn.gov.in/judis CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 1.2. Civil Miscellaneous Petition No.30258 of 2025 has been filed seeking to bring the petitioners 1 to 4 herein on record as the legal representatives of the deceased sole respondent, Sagadhevan in the above Civil Revision Petition and rank them as respondents 2 to 5 respectively in CRP No.830 of 2024. 2. There are no serious objections on behalf of the respondents. 3. Having considered the submissions made by the learned counsel for the petitioners and having considered the petitioners' affidavits in support of these petitions, it is appropriate just and necessary to allow these miscellaneous petitions. 4. In the result, these miscellaneous petitions are allowed. 03-12-2025 1/2 Kv Note: Registry is directed to carry out necessary amendments in C.R.P.No.830 of 202 pursuant to the aforesaid order. https://www.mhc.tn.gov.in/judis CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 P.B.BALAJI J. kv CMP Nos. 30252, 30253 and 30258 of 2025 in CRP NO. 830 OF 2024 03-12-2025 1/2 https://www.mhc.tn.gov.in/judis