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2025 DAILYLAW 28562 (MAD)

T.P.THANDAPANI v. C.KARTHIKEYAN (DECEASED),1.Jayanthi karthikeyan

CMP/12048/2024 · 2025-06-20

C V Karthikeyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP NO. 12048 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-06-2025 CORAM THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN CMP Nos. 12048 to 12050 of 2024 in S.A.No.786 of 2009 and S.A.No.787 of 2009 T.P.Thandapani Now residing at Old No.24/2, New No.50/2, Babu Rajendra Prasad 1st Street, West Mambalam, Chennai-600 033, Resident of 82, Kamarajar Street, kanchipuram Appellant(s) Vs C.KARTHIKEYAN (DECEASED),1.Jayanthi karthikeyan 654, 655, Poonamalee High Road, Amijikarai, Chennai-600 029 and 2 Others Respondent(s) For Appellant(s): Mr.S.Balasubramanian For Respondent(s): Mr.R.Amizdhu COMMON ORDER These three applications have been filed in S.A.No.786 of 2009 consequent to the death of the sole respondent and the applications have been filed to condone the delay of 27 days in filing the application to set aside the 1/4 https://www.mhc.tn.gov.in/judis abatement of the appeal caused by the death of the sole respondent, to set aside the abatement of the appeal caused by the death of the deceased sole respondent and to bring on record the Legal Representatives of the sole respondent. 2. The respondent was the defendant in O.S.No.220 of 1998 before the District Munsif Court at Kancheepuram. He had also filed an independent Suit in O.S.No.399 of 1998 again before the Principal District Munsif Court at Kanchipuram. The suit in O.S.No.220 of 1998 was dismissed and the suit in O.S.No.399 of 1998 was decreed. Both suits relate to the same property. From the decree in both suits, two second appeals are pending before this Court. In one of them, the Legal Representatives of the present respondent had been impleaded. It is only natural that they are also impleaded in the other second appeal. In view of that fact, the delay is condoned, abatement is set aside and the proposed respondents are brought on record. 3. Registry may carry out necessary amendments, noting the death of the sole respondent and bringing on record his Legal Representatives as respondents 2, 3 and 4. 4. Accordingly, the Civil Miscellaneous Petitions in C.M.P.Nos.12048 2/4 https://www.mhc.tn.gov.in/judis to 12050 of 2024 in S.A.No.786 of 2009 stands allowed. No costs. 20-06-2025 (1/2) kak To 1. C.KARTHIKEYAN (DECEASED),1.Jayanthi karthikeyan 654, 655, Poonamalee High Road, Amijikarai, Chennai- 600 029 2. Lekha Karthikeyan 654, 655, Poonamalee High Road, Amijikarai, Chennai-600 029 3. Sonia Karthikeyan 654, 655, Poonamalee High Road, Amijikarai, Chennai-600 029 C.V.KARTHIKEYAN, J. 3/4 https://www.mhc.tn.gov.in/judis kak CMP Nos. 12048 to 12050 of 2024 in S.A.No.786 of 2009 and S.A.No.787 of 2009 (1/2) 20.06.2025 4/4 https://www.mhc.tn.gov.in/judis