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

Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL C.M.P. Nos. 6303, 6307 and 6311 of 2023 in S.A.No.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 9

¶6Selvi, D/o. Kandasamy, ...Petitioner Nos.1 to 6/ Appellant Nos.1 to 8 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 9

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 9 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 9

¶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 9

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. 6303 of 2023

: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, praying to condone the delay of 164 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 Kuppusamy, the 1st respondent in the above Second Appeal. Prayer in

C.M.P.No. 6307 of 2023

: Civil Miscellaneous Petition filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908, praying to set aside the abatement caused due to the death of late Kuppusamy, the 1st respondent in the above Second Appeal. Page7 of 9 Prayer in

C.M.P. No. 6311 of 2023

: Civil Miscellaneous Petition filed under Order XXII Rule 4 of the Code of Civil Procedure, 1908, praying to bring on record the legal heirs of late Kuppusamy viz., Rajeshwari, Vasudevan, Sivakumar, Jagatheesan and Bhuvaneshwari, all are residing at Door No.75, Main Road, Perumbakkam village, Chengam Taluk, as rank them as Respondent Nos.14 to 18 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 164 days in filling the petition to set aside the abatement, to set aside the abatement caused due to the death of the Respondent No.1 – Kuppusamy and to bring on record the legal representatives of the deceased respondent as the Respondent Nos.19 to 23 in the above appeal.

3.This Court has perused the Case file. Page8 of 9

4.The Respondent No.1 – Kuppusamy passed away on 15.05.2021 leaving behind the Respondent Nos.13 to 17 as his legal heirs/legal representatives of the deceased Respondent No.1 – Kuppusamy.

5.The reasons stated in the affidavit is satisfied.

6.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.

7.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. Page9 of 9 R.SAKTHIVEL J. MPS C.M.P. Nos. 6303, 6307 and 6311 of 2023 in S.A.No.745 of 2007 07-04-2026 (1/3)