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2025 DAILYLAW 9060 (MAD)

1. Muthaian (Died) 2.K.Soman (Died) 3. Selva Kumar v. Palaniammal

CMP(MD)/20198/2025 · 2026-07-17

C V Karthikeyan

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP.(MD)Nos.20198 to 20200 of 2025 in SA.(MD)No.674 of 2006 C.V.KARTHIKEYAN, J These three applications have been filed to condone the delay of 2228 days in filing the petition to set aside the abatement caused due to the death of the deceased appellant, namely K.Manthaian in SA.(MD)No.674 of 2006, to set aside the abatement caused due to the death of the above said appellant and to bring on record the petitioners 3 to 7 herein as legal representatives of the said deceased appellant and rank them as appellants 5 to 9 in SA.(MD)No.674 of 2006. 2.In the affidavit filed in support of these petitions, it has been stated that one K. Manthaian died on 20.04.2019. It has been further stated that the petitioners herein were not aware of nature of the proceedings initiated by him. According to the petitioners, the second appellant, who was taking care of the entire case, had not informed the other petitioners that they should get themselves impleaded as the legal representatives of the deceased appellant. It is stated that only after the death of K. Soman on 30.04.2023, the petitioners were contacted by the counsel, whereupon they became aware of the pendency and status of the case. They were thereafter advised to file the present applications. Consequently, there has been a delay in filing these applications. 1/3 https://www.mhc.tn.gov.in/judis 3.It has also been brought to the notice of this Court that the matters are pending before the Hon'ble Supreme Court and as against the judgment in S.A. (MD) No.674 of 2006, SLP (Civil) No.6180 of 2023 is pending is pending, before the Hon'ble Supreme Court. It has been represented before the Hon'ble Supreme Court that the appellant had died and that the present applications had been filed before this Court. Taking note of the said submission, the Hon'ble Supreme Court directed that the Special Leave Petitions be re-listed after the present applications are considered by this Court. 4.Considering the fact that it is only appropriate that the petitioners are afforded an opportunity to prosecute the proceedings before the Hon'ble Supreme Court, and also taking note of the reasons assigned for the delay, the delay is condoned and these applications are allowed. 5.It is brought to the notice of this Court that, by order dated 20.09.2024, the present petitioners had already been brought on record. However, the abatement has not yet been set aside. Therefore, the abatement is hereby set aside, and the petitioners are permitted to participate in the further proceedings. 17.07.2026 gns 2/3 https://www.mhc.tn.gov.in/judis C.V.KARTHIKEYAN, J gns CMP.(MD)Nos.20198 to 20200 of 2025 in SA.(MD)No.674 of 2006 17.07.2026 3/3 https://www.mhc.tn.gov.in/judis