Authority: High Court of Judicature at Madras
Order Date: 29-07-2026
Case Overview
- Petitioners: Andhiyur Sunnath Jamath Masque, represented by its Muthavalli Janab J.M. Shagul Hameed, with petitioner counsel Mr. S. Sathish Rajan.
- Respondents: 1) Thavasiappa Gounder (deceased), 2) Dhanabal, 3) T. Venkattammal, 4) Muthulakshmi, 5) Jeevarethinam @ Sampooranam (daughters of the deceased).
- The petitions (CMP Nos. 1108‑1112 of 2010) sought: (a) condonation of a 2,482‑day delay in filing petitions to set aside the abatement caused by the death of the first respondent; (b) setting aside the abatement in SA SR No.125497/2004; (c) recording respondents 3‑5 as legal heirs of the deceased first respondent in the second appeal.
- The court examined the affidavit supporting the delay and found the reasons satisfactory.
Final Outcome
- The court condoned the 2,482‑day delay in filing the petitions.
- The abatement in SA SR No.125497/2004, arising from the death of the first respondent, is set aside.
- Respondents 3‑5 are formally recognized as the legal heirs of the deceased first respondent and are entered as respondents 3‑5 in the second appeal.
- The Registry is directed to amend the second appeal records accordingly.
Topics: Succession, Court Order