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Madras High CourtCMP/5433/2020ordered

K. Suseela (Deceased) v. R. Nageswari

2025-09-03Honourable Mr.Justice S. Sounthar3 pages

in A.S.No.948 of 2014 S.SOUNTHAR,J.

, These Civil Miscellaneous Petitions have been filed to condone the delay of 696 days in filing the petition to set aside the abatement of the appeal, to set aside the abatement of the appeal and to bring on record the legal heirs of the deceased sole appellant namely K.Suseela.

2. The learned counsel appearing for the 1st respondent would submit that one of the legal representatives of the appellant, who is shown as 3rd respondent is no more. The wife of 3rd respondent is already on record as 1st respondent in the main appeal. Therefore, there is no abatement of the sole appellant as far as 3rd respondent is concerned. The learned counsel for the 1st respondent would also submit that the deceased 3rd respondent has got two minor daughters and the details of the same was already furnished to the appellants.

3. The death of the 3rd respondent is recorded and the 1st respondent is 1/3

recorded as legal representative of the deceased 3rd respondent/K.Ravi in all these applications.

4. Having satisfied with the reasons assigned in the affidavit filed in support of these petitions, C.M.P.Nos.5433, 5438 and 5441 of 2020 are ordered.

5. The Registry is directed to carry out necessary amendment and list the main appeal for hearing on 17.09.2025.

6. It is open to the appellants to file necessary application to implead the minor daughters of the 3rd respondent in the main appeal. 03.09.2025 dm 2/3

S.SOUNTHAR,J.

dm 03.09.2025 3/3