IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU CMP NO. 5470 of 2024 AND CMP NO. 15307 OF 2018,CMP NO. 5475 OF 2024,SA NO. 540 OF 2018,CMP NO. 5474 OF 2024 M/s S S Tea Planatations Thuneri Rep.By Its Managing Partner, Smt. Meera Raju, W/O. Raju, Thuneri Village, Ootacamund, The Nilgiris. Appellant(s) Vs DEIVAMMAL W/O. B. Ajjan, Kodumudi Village, Ebbanadu Hamlet, Ootacamund Taluk, The Nilgiris. T.K.Mahalingam (Died) and 5 Others Respondent(s) CMP NO. 15307 of 2018 M/s. S.S. Plantations Thuneri, Rep.By Its Managing Partner, Smt. Meera Raju, W/o. Raju, Thuneri Village, Ootacamund, The Nilgiris. Appellant(s) Vs DEVIAMMAL W/o. B. Ajjan, Kodumudi Village, Ebbanadu Hamlet, Ootacamund Taluk, The Nilgiris. and 4 Others Respondent(s) CMP NO. 5475 of 2024 S S Tea Planatations Thuneri Rep.By Its Managing Partner, Smt. Meera Raju, W/O. Raju, Thuneri Village, Ootacamund, The Nilgiris. https://www.mhc.tn.gov.in/judis Appellant(s) Vs DEIVAMMAL W/O. B. Ajjan, Kodumudi Village, Ebbanadu Hamlet, Ootacamund Taluk, The Nilgiris. T.K.Mahalingam (Died) and 5 Others Respondent(s) SA NO. 540 of 2018 M/s. S.S. Plantations Thuneri, Rep.By Its Managing Partner, Smt. Meera Raju, W/o. Raju, Thuneri Village, Ootacamund, The Nilgiris. Appellant(s) Vs DEVIAMMAL W/o. B. Ajjan, Kodumudi Village, Ebbanadu Hamlet, Ootacamund Taluk, The Nilgiris. and 4 Others Respondent(s) CMP NO. 5474 of 2024 S S Tea Planatations Thuneri Rep.By Its Managing Partner, Smt. Meera Raju, W/O. Raju, Thuneri Village, Ootacamund, The Nilgiris. Appellant(s) Vs DEIVAMMAL W/O. B. Ajjan, Kodumudi Village, Ebbanadu Hamlet, Ootacamund Taluk, The Nilgiris. T.K.Mahalingam (Died) and 5 Others Respondent(s) For Appellant(s): Mr.C R Prasanan COMMON ORDER Notice sent to the proposed respondents in C.M.P.Nos.5470, 5474 of 2024 vide order dated 07.03.2024 has been returned with an endorsement 'unclaimed'. Hence, https://www.mhc.tn.gov.in/judis this Court vide order dated 03.04.2024, directed the appellant to cause fresh notice through paper publications, the same has been effected. Hence, the notice sent to them is considered as deemed to be duly served as held by the Hon'ble Supreme Court in Priyanka Kumari vs.Shailendra Kumar [Transfer Petition(s)(Civil) No(s).2090/2019]. 2. All the above petitions were filed to condone the delay of 56 days in filing the petition to set aside the abatement caused by the death of the 5th respondent; to set aside the abatement caused due to the death of the 5th respondent and to bring on record the respondents 4 to 6 as legal representatives of 5th respondent and rank them as respondents 6 to 8 in the second appeal. 3.Being satisfied with the reasons stated in the affidavit, C.M.P.No.5470 of 2024 is ordered as prayed for and the delay of 56 days is condoned. 4. The abatement caused due to the death of the 5th respondent, is set aside and C.M.P.No.5474 of 2024 is ordered as prayed for. 5. The respondents 4 to 6 in C.M.P.No.5475 of 2024 are ordered to be brought on record as Legal Representatives of the deceased 5th respondent, in the Second https://www.mhc.tn.gov.in/judis Appeal and the petition in C.M.P.No.5475 of 2024 is ordered as prayed for. 6. Registry is directed to carry out the necessary amendments in the second Appeal. Notice to the newly impleaded respondents returnable by 28.08.2025. Private notice is also permitted. 7. List the matter on 28.08.2025. 09-07-2025 msv To 1. DEIVAMMAL W/O. B. Ajjan, Kodumudi Village, Ebbanadu Hamlet, Ootacamund Taluk, The Nilgiris. T.K.Mahalingam (Died) 2. KANNAMMAL W/o.T.K.Mahalingam, Thuneri Village, Thuneri Post, The Nilgiris 3. ARAVIND S/o.T.K.Mahalingam, Thuneri Village, Thuneri Post, The Nilgiris Sangeetha (Died) 4. SANTHOSH S/o Mani, Res at Moratolla Kotgumudi, Thuneri Village and Post, The Nilgiris 643 002 5. AMBRISH S/o Santhosh, Res at Moratolla Kotgumudi, Thuneri Village and Post, The Nilgiris 643 002 6. AMRI S/o Santhosh, Res at Moratolla Kotgumudi, Thuneri Village and Post, The https://www.mhc.tn.gov.in/judis Nilgiris 643 002 K.KUMARESH BABU,J. msv CMP NO. 5470 of 2024 AND CMP NO. 15307 OF 2018, CMP NO. 5475 OF 2024,SA NO. 540 OF 2018, CMP NO. 5474 OF 2024 https://www.mhc.tn.gov.in/judis 09-07-2025 https://www.mhc.tn.gov.in/judis