Damodaran (Died), 1.Smt.D.Yasodha v. D. Manasadevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-03-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CMP NO. 3351 of 2024 IN SA NO. 19 OF 2015 Damodaran (died),

1. D. Yasodha

2. D. Swathy

3. D. Shamili

4. D. Srinath Petitioner(s) Vs D. Manasadevi W/O Ethiraj Naidu Malur Main Rd Bogaloor Village Palanthur Post Hosur Tk Dharmapuri Dt and 8 Others Respondent(s) For Petitioner(s): Mr. J.Hari Krishna For Respondent(s): --

ORDER

This Civil Miscellaneous Petition has been filed by the petitioners herein seeking to condone the delay of 509 days in filing the set aside abatement petition caused due to death of the sole appellant/ Damodaran in S.A. No.19 of 2015. 2.

The learned counsel for the appellant submits that the sole appellant/ / Damodaran in S.A. No.19 of 2015 died on 22.04.2022, leaving behind his wife, and daughters and as his legal representatives. He further submitted that only recently, he able to contact his counsel and informed about the death of the sole

appellant, hence there is a delay in filing the petition seeking to set aside the abatement. Therefore, he prayed to condone the delay of 509 days in seeking to set aside the abatement caused by the death of the sole appellant. 3.

Considering the reasons stated in the affidavit filed in support of this petition, the aforesaid delay of 509 days is condoned. Registry is directed to carryout necessary amendment.

4.

Accordingly, this Civil Miscellaneous Petition is ordered. 14-03-2025 (1/3) stn To

1. D. Manasadevi W/O Ethiraj Naidu Malur Main Rd Bogaloor Village Palanthur Post Hosur Tk, Dharmapuri Dt.

2. T.K. Surya@loganayaki W/o Krishanamoorthy Channarayanpalli Village Sethuvandai Post Katpadi Tk Vellore Dt.

3. Subadrammal (deceased) W/o Late Doraisamy Naidu Channarayanpalli Village Sethuvandai Post Katpadi Tk Vellore Dt.

4. Bagula Devi W/o Neelakantan Kollapuram Village Morapalli Post Gudiyatham Tk Vellore Dt. Varalakshmi (died)

5. Bhaktavatchalam Naidu Boya Chinnarayanpalli Lingapuram Village Chennarayapalli Post V. Kotta Mandalam Palameneru Taluka Chittor Dt A.P.

6. THYAGARAJULU S/o Late Varalakshmi Pesul Thottai Village V. Kotta Mandalam Palameneru Taluka Chittor Dt A.P.

7. VENKATARAMAN S/o Late Varalakshmi Pesul Thottai Village V. Kotta Mandalam Palameneru Taluka Chittor Dt A.P.

8. DHANALAKSHMI D/o Late Varalakshmi Pesul Thottai Village V. Kotta Mandalam Palameneru Taluka Chittor Dt A.P.

9. Memo Filed By The Applt On 06/07/15, Rr 1, 2&4 Recorded As The Lrs Deceased R3 Vide Order Of Court Dated 06/07/15 Made Un Memo Dt.06/07/15 In Sa19/15

K. RAJASEKAR, J.

stn CMP NO. 3351 of 2024 in SA NO. 19 OF 2015 14.03.2025