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Madras High CourtCMP/4152/2025allowed

N.Subbulakshmi v. Jeyalakshmi Govindarajulu (Died) 1.Devi Venkatasamy

2025-03-18Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2025

CORAM

THE HONOURABLE MR JUSTICE SATHI KUMAR SUKUMARA KURUP C.M.P No. 4152 of 2025 in S.A.No.445 of 2009

1. N.Subbulakshmi W/o. Late Nanjappan, 6/7, Abirami Nagar, G.N.Mills Post, Thudiyalur Village, Coimbatore. Krishnammal (Died), V.R.Govindarajulu (Died), K.M.Nanjappan (Died)

2. N.Karuppusamy S/o. Late Nanjappan, 6/7, Abirami Nagar, G.N.Mills Post, Thudiyalur Village, Coimbatore.

Appellant(s) Vs

1. Jeyalakshmi Govindarajulu (Died) 1.Devi Venkatasamy W/o. R.Venkatasamy, D.No. 55, Jeya Sri, Race Course Road, Coimbatore 641018.

2.S.Srikanth

S/o. G.Srihari, D.No. 55, Jeya Sri, Race Course Road, Coimbatore 641018.

G.Srihari (Died) 3.Radhika W/o. Srihari, D.No. 55, Jeya Sri, Race Course Road, Coimbatore 641018.

Respondent(s) PRAYER Civil Miscellaneous Petition is filed to condone the delay of 3228 days in seeking to set aside abetment caused by the death of the 2nd appellant namely (K.M.Nanjappan) in the above S.A.No. 445/2009 and thus render justice. For Appellant(s):

Mr. A. Sivaji For Respondent:

Mr.T.R.Rajakumar for R1 and R2 M/s. P.Veenasuresh for R4

ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of 3228 days in seeking to set aside abetment caused by the death of the 2 nd Appellant namely (K.M.Nanjappan) in S.A.No.445 of 2009.

2. I have gone through the affidavit filed in support of the petition and I am satisfied with the reasons stated therein, the delay of 3228 days to set aside abetment caused by the death of the 2 nd Appellant is condoned on payment

of cost of Rs.3,000/- to the Tamil Nadu Legal Service Authority within a period of two weeks.

3. Accordingly, this C.M.P is allowed.

4. Post the case after compliance of cost.

18-03-2025 Shl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To:

1. DISTRICT MUNSIF, COIMBATORE

2. I ADDITIONAL DISTRICT JUDGE, COIMBATORE

3. THE MEMBER SECRETARY TAMIL NADU STATE LEGAL SERVICES AUTORITY, NORTH FORT ROAD, HIGH COURT CAMPUS, CHENNAI - 600 104.

SATHI KUMAR SUKUMARA KURUP J.

Shl CMP No. 4152 of 2025 in S.A.No.445 of 2009 18-03-2025