G.Natarajan v. Jayakumar Johnson

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.04.2025 Coram:

The Honourable Mr.Justice C.SARAVANAN Application Nos.2002, 2003 & 2004 of 2025 in E.P.No.93 of 2023 Mr.G.Natarajan ...Applicant in all Applications

Versus

1.Mr.Jayakumar Johnson 2.Mr.G.Gopalakrishnan 3.Mrs.Pala Padmini 4.Mr.John Justin

...Respondents in all Applications

Prayer in Application No.2002 of 2025 in E.P.No.93 of 2023: Application filed under Order XIV Rule 8 of O.S.Rules r/w. Section 5 of Limitation Act praying to condone the delay of 2931 days in filing the set aside abatement caused on the account of death of Judgment Debtor No.1. Prayer in Application No.2003 of 2025 in E.P.No.93 of 2023: Application filed under Order XIV Rule 8 of O.S.Rules r/w. Order XXII Rule 9 of C.P.C. praying to set aside the abatement caused on the account of the death of the Judgment Debtor No.1. Prayer in Application No.2004 of 2025 in E.P.No.93 of 2023: Application filed under Order XIV Rule 8 of O.S.Rules r/w. Order XXII Rule 4 of C.P.C. praying to bring on record the Proposed Respondent Nos.3 & 4 who are the legal representatives of the Judgment Debtor No.1 1/4

namely Mrs.Pala Padmini W/o. Jayakumar Johnson in the present Execution Petition.

For Applicant in all Applications :

Ms.U.S.Yazhini for Mr.P.Siva COMMON ORDER These Applications have been filed by the Applicant/Decree Holder for the following reliefs:

(i) Application No.2002 of 2025 in E.P.No.93 of 2023 - To condone the delay of 2931 days in filing the set aside abatement caused on the account of death of Judgment Debtor No.1.

(ii) Application No.2003 of 2025 in E.P.No.93 of 2023 - To set aside the abatement caused on the account of the death of the Judgment Debtor No.1.

(iii) Application No.2004 of 2025 in E.P.No.93 of 2023 - To bring on record the Proposed Respondent Nos.3 & 4 who are the legal representatives of the Judgment Debtor No.1 namely Mrs.Pala Padmini W/o. Jayakumar Johnson in the present Execution Petition.

2. Having considered and being satisfied with the reasons stated in the affidavit filed in support of these applications, these Applications are allowed.

2/4

3. The learned counsel for the Applicant/Decree Holder is directed to serve private notice to the newly impleaded Respondents 3 & 4, returnable by 16.06.2025.

4. Registry is directed to carry out necessary amendment in the cause title of E.P.No.93 of 2023 and list E.P.No.93 of 2023 on 18.06.2025. 25.04.2025 mrr Index : Yes/No 3/4

C.SARAVANAN, J.

mrr Application Nos.2002, 2003 & 2004 of 2025 in E.P.No.93 of 2023 25.04.2025 4/4