S. Ravi (Deceased), 1.Mr.P.Lakshmikanthan v. M.Govindaraj (Died), 1. G.Muthu Selvam
CMP.Nos.1219, 1226 & 1220 of 2024 in S.A.No.866 of 2014 DR.A.D.MARIA CLETE, J.
These Civil Miscellaneous Petitions are filed to (i) condone the delay of 79 days in filing the petition to set aside the abatement arise out of the death of the sole petitioner (ii) set aside the abatement arise out of the death of sole petitioner (iii) bring on record petitioner/proposed appellant as the legal heir of the deceased first petitioner namely S.Ravi.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondents has objected for allowing these petitions and filed a counter to that effect.
3. Taking into consideration the reasons stated in the supporting affidavit and the copy of Will, death certificate and ration card produced, this Court is satisfied that sufficient cause has been made out for condoning the delay and that 1/7
the proposed party is the legal heirs of the deceased second respondent.
4. Accordingly, the delay is condoned. The abatement is set aside. The 2 nd petitioner namely, P.Lakshmikanthan is impleaded as the legal heir of the DR.A.D.MARIA CLETE, J.
dpq deceased first petitioner.
5. These Civil Miscellaneous Petitions are allowed. No costs. Registry to carry out the necessary amendments under the caption for "final hearing" on 23.01.2026.
11.11.2025 dpq 2/7
CMP.Nos.1219, 1226 & 1220 of 2024 in S.A.No.866 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-11-2025
CORAM
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.P.Nos.1219, 1226 & 1220 of 2024 in S.A.No.866 of 2014
1. S.Ravi (Deceased) 3/7
2. P.Lakshmikanthan ... Petitioners Vs
1. M.Govindaraj (deceased)
2. G.Muthu Selvam
3. G.Andal
4. V.Maheswari
5. G.Porkodi
6. G.Yuvaraj ... Respondents PRAYER: These Civil Miscellaneous Petitions are filed to (i) to condone the delay of 79 days in filing the petition to set aside the abatement arise out of the death of the sole petitioner (ii) to set aside the abatement arise of the death of the sole petitioner (iii) to bring on record the petitioner/proposed appellant as the legal heir of the deceased first petitioner namely S.Ravi. For Petitioners :Mr.M.L.Ramesh For Respondents : No appearance
O R D E R
4/7
The matter is listed today under the caption " for being spoken to" on the ground that in the last line of paragraph 3 of the order dated 11.11.2025 passed in C.M.P.Nos.1219, 1226 & 1220 of 2024 in S.A.No.866 of 2014, it has been inadvertently typed as "the deceased second respondent" instead of " the deceased first petitioner". The said typographical error is ordered to be corrected.
2. In view of the above, the Registry is directed to issue a fresh order copy after incorporating the above said correction . 24.11.2025 mfa Index: Yes / No Speaking Order / Non-speaking Order 5/7
DR. A.D. MARIA CLETE, J mfa C.M.P.Nos.1219, 1226 & 1220 of 2024 in S.A.No.866 of 2014 6/7
24.11.2025 7/7