Karuppan (Deceased) v. G. Kuppusamy (Died)

Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL C.M.P. No

s . 63

, 63

and 6365 of

2023

in S.A.N

o. 745

of 2007

Karuppan (Deceased) S/o.Thalaivirichan Kandhaswamy (Deceased) S/o.Thalaivirichan

¶1Chinnathayee, W/o.Kandhaswamy,

¶2Muthu, S/o. Kandasamy, Chinnapaiyan (Died on 21.05.2011) S/o. Kandasamy,

¶3Utharambal, W/o. Late. Balaraman, D/o. Kandhasamy,

¶4Anjala, W/o. Elangovan, D/o. Kandasamy,

¶5Sudha, D/o. Kandasamy, Page2 of 10

¶6Selvi, D/o. Kandasamy, ...Petitioner Nos.1 to 6/ Appellant Nos.1 to 6 in all CMPs

¶7Vellachi, W/o. Karuppan, No. 299, Indra Nagar, Perumbakkam, Pandithapttu, Thiruvannamalai – 606 603.

¶8Periyapappa, D/o. Karuppan, No. 48, Durais Nagar, Bargur, Krishnagiri – 635 104.

¶9Nadupappa, D/o. Karuppan, No. 2-57, Perumbakkam, Thiruvannamalai – 606 603.

10.Kanthamani, D/o. Karuppan, No. 968, Gopalapuram Kotta, MelSirupakkampudur, Kilsirupakkam – 606 707.

11.Chinnapillai, D/o. Karuppan, No. 327, Mariyamman Kovil Street, Moththakkal Post - 606708.

12.Malliga, D/o. Karuppan, No. 470, Keelvanakkambadi, Tiruvannamalai – 606 707. Page3 of 10

13.Ezhumalai, S/o. Karuppan, No. 48A, Durais Nagar, Bargur, Krishnagiri – 635 104. ...Petitioner Nos.7 to 13/ Proposed Appellant Nos.9 to 15 in all CMPs (The impleading Petitioner Nos.8 to 14 are the legal heirs of the deceased Karuppan)

14.Shyamala, W/o. Late. Chinnapaiyan, No. 338, Pillaiyar Kovil Street, Iyangunam Village, Kilpennathur Taluk, Thiruvannamalai – 606 611.

15.Abitha, D/o. Late. Chinnapaiyan, No.338, Pillaiyar Kovil Street, Iyangunam Village, Kilpennathur Taluk, Thiruvannamalai – 606 611.

16.Viswa, S/o. Late. Chinnapaiyan, No. 338, Pillaiyar Kovil Street, Iyangunam Village, Kilpennathur Taluk, Thiruvannamalai – 606 611.

17.Selva, S/o. Late. Chinnapaiyan, No. 338, Pillaiyar Kovil Street, Iyangunam Village, Kilpennathur Taluk, Thiruvannamalai – 606 611. ...Petitioner Nos.14 to 17/ Proposed Appellant Nos.16 to 19 in all CMPs (The Petitioner Nos.14 to 17 are the legal heirs of Late Chinnapaiyan who died on 21.05.2011) Page4 of 10 Vs G. Kuppusamy (Died on 15.05.2021), S/O.Late Govindasamy

¶1Dhasarathi Ammal, W/o Gopal Gounder, Pallipatty Village,

¶2Banumathiammal, W/o Sadagoppan, Chengam Taluk

¶3Rajamani, S/o Raju Naicker, Perumpakkam Village, Chengam Taluk

¶4Manivannan, S/o Raju Naicker, Jagannatha Pillai Street, No.3, Kilsangarampalayam, Vellore Town.

¶5Perumal, D/o Raju Naicker, W/o Subramani, No.19, VOC.Nagar, 8th Street, Tiruvannamalai Town.

¶6Kannan, S/o.Late.Raman, Page5 of 10

¶7Manickam, S/o.Late.Raman,

¶8Saraswathi, W/o.Late.Arumugam, Pallipattu Village,

¶9Ranjani, D/o.Late.Arumugam, W/o.Ravi, Pallipattu Village,

10.Raviraj, S/o.Late.Arumugam, Pallipattu Village,

11.Ramanan, S/o.Late.Arumugam, Pallipattu Village,

12.Balaji, S/o.Late.Arumugam, Pallipattu Village, ...Respondent Nos.1 to 12/ Respondent Nos.1 to 13 in all CMPs

13.Rajeshwari, W/o.Late.Kuppusamy, residing at Door No.75, Main Road,

14.Vasudevan, S/o.Late.Kuppusamy, residing at Door No.75, Main Road, Page6 of 10

15.Sivakumar, S/o.Late.Kuppusamy, residing at Door No.75, Main Road,

16.Jagatheesan, S/o.Late.Kuppusamy, residing at Door No.75, Main Road,

17.Bhuvaneshwari, D/o.Late.Kuppusamy, residing at Door No.75, Main Road, …Respondent Nos.13 to 17/ Proposed Respondents 14 to 18 in all CMPs (Respondent Nos.13 to 17 are the Legal Heirs of late.Kuppusamy) Prayer in

C.M.P.No. 6363 of 2023

: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, praying to condone the delay of 4101 days in filing the petition for setting aside the abatement of the appeal in S.A.No.745 of 2007 on the file of this Court that caused due to the death of late Chinnapaiyan, the 5th Appellant in the above Second Appeal. Prayer in

C.M.P.No. 6364 of 2023

: Civil Miscellaneous Petition filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of late Chinnapaiyan, the 5th Appellant in the above Second Appeal. Page7 of 10 Prayer in

C.M.P. No. 6365 of 2023

: Civil Miscellaneous Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the legal heirs of late Chinnapaiyan, the 5th Appellant viz., Mrs.Shyamala W/o. late.Chinnapaiyan, Minor Abitha, D/o. Late.Chinnapaiyan, Minor Viswa, S/o.late.Chinnapaiyan and Minor Selva, S/o.late.Chinnapaiyan, all are residing at No.338, Pillaiyar Koil Street, Iyangunam Village, Kilpennathur Talukk, Tiruvannamalai -606 611 and rank them as the Appellant Nos.16 to 19 in the above Second Appeal. For Petitioner(s) : Mr.P.Arivudai Nambi in all CMPs For Respondent(s): Mr.R. Karthikeyan for R13 to R17 in all CMPs COMMON ORDER Mr.P.Arivudai Nambi, learned Counsel for the petitioners and Mr.R.Karthikeyan, Counsel for the Respondent Nos.13 to R17 are before this Court.

2.These petitions have been filed to condone the delay of 4101 days in filling the petition to set aside the abatement, to set aside the abatement caused due to the death of the Appellant No.5 – Chinnapaiyan and to bring on record the legal representatives of the deceased Appellant No.5 as the Appellant Nos.16 to 19 in the above Second Appeal. Page8 of 10

3.This Court has perused the Case file.

4.Originally, the Appellants 2 and 3 filed S.A.No.745 of 2007. Thereafter, the Appellant No.2/Defendant No.3 – Kandhaswamy passed away leaving behind the Appellant Nos. 2 to 8 as his legal heirs / legal representatives and they were already brought on record in A.S.No.9 of 2004 before the First Appellate Court.

5.Feeling aggrieved by the Common Judgment and Decree dated

21.02.2007 passed by the First Appellate Court in A.S.Nos.3 and 9 of 2004, the Appellants therein have preferred these Second Appeals in S.A.Nos.744 and 745 of 2007.

6.The Counsel for the Respondent Nos.13 to 17 had strongly opposed to allow these applications.

7.During the pendency of the Second Appeal, the Appellant No.5 – Chinnapaiyan passed away on 21.05.2011, leaving behind the Respondent Nos.11 to 15 as his legal heirs/legal representatives. Page9 of 10

8.Considering the facts and circumstances, with a view to adhere the principles of natural justice fully, to decide the matter on merits, and in the interest of justice, this Court is inclined to allow these petitions.

9.Accordingly, these Civil Miscellaneous Petitions are allowed. 07-04-2026 Index: Yes/No Speaking/Non-speaking order MPS Note: Registry is directed to carry out necessary amendment in the Memorandum of grounds of appeal and list the Second Appeal in the usual course. Page10 of 10 R.SAKTHIVEL J. MPS C.M.P. No

s . 63

, 63

and 6365 of

2023

in S.A.N

o. 745

of 2007

07-04-2026 (3/3)