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Madras High CourtCMP/5255/2022allowed

M.R.K.Somasundaram Chettiar v. R.Chockalingam Chettiar (Died)

2024-09-30Honourable Mr.Justice R.Sakthivel3 pages

C.M.P.Nos. 5255 & 5257 of 2022 in S.A.No. 40 of 2017 ----- R. SAKTHIVEL, J (i) C.M.P.No. 5255 of 2022 has been filed seeking to set aside the abatement caused due to the death of the 13th respondent in the above appeal.

(ii) C.M.P.No. 5257 of 2022 has been filed seeking to bring on record the legal-heirs of the deceased 13th respondent, namely, N.Rathinakumari, W/o.Natrajan.

2. The appellant has filed affidavits in support of these petitions, wherein it has been stated that N.Rathinakumari, W/o.Natrajan [13th respondent in the main appeal] passed away on 25.10.2019 leaving behind her, the respondents 27 to 30 herein, namely, (i) N.Rajkumar, (ii) S.Vasanthi, (iii) S.Jayanthi and (iv) N.Chandrasekaran as her legal heirs/representatives.

3. Upon being satisfied with the reasons stated in the affidavit filed in support of these petitions, this Court is inclined to allow these petitions.

4. Accordingly, these two petitions are allowed. No costs. 30.09.2024 1/2 MSM

R. SAKTHIVEL, J MSM C.M.P.Nos. 5255 & 5257 of 2022 in S.A.No. 40 of 2017 30.09.2024