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Madras High CourtCMP/257/2012allowed

M.Raman v. M.Raju,

2025-10-23Honourable Dr Justice G. Jayachandran,Honourable Mr.Justice Mummineni Sudheer Kumar3 pages

in A.S.No.996 of 2005 Dr.G.JAYACHANDRAN,J.

and MUMMINENI SUDHEER KUMAR,J.

[Order of the Court was made by Dr.G.JAYACHANDRAN,J.] In the course of final hearing of the appeal, on examination of the records, this Court found that pending the appeal, 1st respondent, M.Raju and the 2nd respondent, D.M.Govindasamy, had died. Pursuant to separate petitions filed in this regard, their legal heirs were brought on record as respondents 11 to 32.

2. Yet another petition has been filed seeking condone the delay in setting aside the abatement of the appeal caused due to the death of 4th respondent, M.Gopal Gounder; to set aside the abatement and; to bring on record his legal heirs filed earlier not allowed for completion of service. 1/3

3. Though, in the present petition, the legal heirs of Gopal Gounder were sought to be brought on record as respondents 10 to 14, in view of the fact that pursuant to two other sets of petitions already allowed and their legal heirs were brought on record as respondents 11 to 32, this Court for the sake of completion, allows this petition. Accordingly, the legal heirs of the deceased M.Gopal Gounder (4th respondent) are hereby brought on record as respondents 33 to 36.

4. In view of the above, the delay of 1006 days is condoned. Accordingly, the condone delay petition is allowed. Consequently, the petitions to set aside the abatement and to bring on record the legal representatives of the deceased 4th respondent, M.Gopal Gounder are hereby allowed. [Dr.G.J., J.] & [M.S.K., J.] 23.10.2025 rpl Note: The Registry is directed to carryout necessary amendment in the appeal 2/3

Dr.G.JAYACHANDRAN,J.

and MUMMINENI SUDHEER KUMAR,J.

in A.S.No.996 of 2005 23.10.2025 3/3