CMP Nos. 11687 & 11684 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-01-2026 CORAM THE HON'BLE DR.JUSTICE R.N.MANJULA CMP Nos. 11687 & 11684 of 2021 in SA No. 1373 of 2011 S.Vaidyanathan S/O SUBRAMANI IYAR, 22 PUDHU STREET, TIRUVILANDUR, MAYILADUTHURAI. ..Petitioners in both Petitions Vs 1. Prabha W/o. Balasubramani, 16-a, Mettu Street, Kuttalam. 2. Chitra W/o. Chandrasekaran, 12/14, Ilango Street, Nilamagal Street, Adambakkam, Chennai - 600088. 3. Geetha W/o. Subramani, 89/1, Anna Nagar, Dharmapuram Road, Mayiladuthurai 4. Kaliyamurthy (since Deceased) 5. Anitha W/o. Selvam, D/o. Late. Kaliyamurthy, O.S.M. Complex, Opposite To G.H. Road, Mayiladuthurai. ..Respondents in both Petitions __________ p. 2 CMP Nos. 11687 & 11684 of 2021 PRAYER in CMP No. 11687 of 2021- This Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, to condone the delay of 1524 days in filing the petition to set aside the abatement of the Second Appeal, viz S.A.No.1373 of 2011 caused due to the death of the 4th Respondent and thus render justice. PRAYER in CMP No. 11684 of 2021- This Civil Miscellaneous Petition is filed under Order XXII Rule 9 of C.P.C. to set aside the abatement of the Second Appeal, viz S.A.No.1373 of 2011 caused due to the death of the 4th Respondent. (In both Petitions) For Petitioner(s): M/s.M.R.Khapali For Respondent(s): Mr.J.Jayabalan (R1 to R3) O R D E R C.M.P.No.11687 of 2021 is filed to condone the delay of 1524 days in filing a petition to set aside the abatement of the Second Appeal viz., S.A.No.1373 of 2011 caused due to the death of the 4th Respondent and C.M.P.No. 11684 of 2021 is filed to set aside the abatement of the Second Appeal viz., S.A.No.1373 of 2011 caused due to the death of the 4th Respondent. __________ p. 3 CMP Nos. 11687 & 11684 of 2021 2.Heard the learned counsel for the applicant & respondents 1 to 3 and perused the entire materials available on record. 3.Being satisfied with the reasons stated in the affidavit filed in support of the above petitions, both the petitions are allowed. 19-01-2026 Index: Yes/No (1/2) Speaking/Non-speaking order Neutral Citation: Yes/No GSA __________ p. 4 CMP Nos. 11687 & 11684 of 2021 DR.R.N.MANJULA J. GSA CMP Nos. 11687 & 11684 of 2021 in SA No. 1373 of 2011 19-01-2026 (1/2) __________