CMP Nos. 21121, 21123,21127 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CMP Nos. 21121, 21123, 21127 of 2025 IN SA SR NO. 103077 OF 2023 1. Killivel, S/o Munusamy, Valarpuram Colony, Valapuram Village, Arakkonam Tk 2. Gajendiran S/o Munusamy, Valapuram Colony, Valapuram Village, Arakkonam Tk 3. Poongavanam W/o Late Appadurai, Chinnammapettai, Thiruvalangadu, Thiruttani Tk, Thiruvallur Dt 4. Venkatesan S/o Late Anandan, Res at Kalakattur Village, Thiruttani Tk, Thiruvallur Dt 5. Sargunan S/o Late Anandan, Res at Kalakattur Village, Thiruttani Tk, Thiruvallur Dt ..Appellant(s) Vs 1. Natarajan S/o Rathinam, No.62, Karani Nizampet, Kurma Vilasapuram Post, Thiruttani Tk, Thiruvallur Dt 2. The District Collector Vellore, Vellore DT 3. The Tahsildar Arakkonam Tk, Arakkonam. __________ https://www.mhc.tn.gov.in/judis CMP Nos. 21121, 21123,21127 of 2025 Anandan (Died) Subramani (Died) 4. Nagaraj S/o Perumal, Karani Nizampet, Kurma Vilasapuram Post, Thiruttani Tk, Thiruvallur Dt 5. Kantha W/o Late Anandan, Chinna Kalakattur Village, Thiruttani Tk, Thiruvallur Dt 6. Mohana W/o Late Subaramani, Irular Colony, Ramapuram Village Thiruttani Tk, Thiruvallur Dt 7. S.Madhavan S/o Late Subaramani, Irular Colony, Ramapuram Village Thiruttani Tk, Thiruvallur Dt 631204 8. S.Parthiban S/o Late Subaramani, Irular Colony, Ramapuram Village Thiruttani Tk, Thiruvallur Dt 631204 9. S.Sobana D/o Late Subaramani, Irular Colony, Ramapuram Village Thiruttani Tk, Thiruvallur Dt 631204 10.Bhaskar (Died) ..Respondent(s) CMP No. 21121 of 2025: To condone the delay of 2863 days in filing the L.R petition to set aside the abatement caused due to the death of the 4th respondent namely SUBRAMANI in the above CMP.No. 21775 of 2023 in SA.SR.No. 103077 of 2023 __________ https://www.mhc.tn.gov.in/judis CMP Nos. 21121, 21123,21127 of 2025 CMP No. 21123 of 2025: To set aside the abatement caused due to the death of the 4th respondent namely SUBRAMANI in the above CMP.No. 21775 of 2023 in SA.SR.No. 103077 of 2023 CMP No. 21127 of 2025: To bring on record the L.Rs of the deceased 4th respondent as parties in CMP.No. 21775 of 2023 in SA.SR.No. 103077 of 2023. For Petitioner(s): Mr. R.Karunagaran For Respondent(s): Ms. Atchaya for M/s Sarvabhauman Associates for R1 Mr.B.Tamilnidhi, Govt. Advocate for R2 and R3. COMMON ORDER It is seen from the typed set of papers that the 4th respondent in the second appeal, namely Subramani, died on 15.05.2017, even during the pendency of the first appeal. The second appeal has been preferred against the deceased 4th respondent and hence, as far as the 4th respondent is concerned the second appeal is a nullity. In such circumstances, the petitioners/appellants are not entitled to file application to bring on record the legal representatives of the deceased R4 and also the other applications to condone the delay in filing petition to set aside the abatement caused due to the death of R4 and to set aside the abatement caused due to the death of R4. The proper course is to to file a petition to amend the cause title so as to include the L.Rs of the deceased R4 and to file necessary petition to condone the delay in presenting the second __________ https://www.mhc.tn.gov.in/judis CMP Nos. 21121, 21123,21127 of 2025 appeal as against the L.Rs of the deceased R4. 2. In view of the above mentioned position, all the civil miscellaneous petitions are dismissed with liberty to the petitioner to file appropriate applications. 12-03-2026 MST __________ https://www.mhc.tn.gov.in/judis CMP Nos. 21121, 21123,21127 of 2025 S.SOUNTHAR, J. MST CMP No. 21121, 21123 and 21127 of 2025 IN SA SR NO. 103077 OF 2023 12-03-2026 __________ https://www.mhc.tn.gov.in/judis