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Madras High CourtCMP/14209/2025allowed

Chelladurai(Died), 1. Dhavamani v. Shahul Hameed

2025-12-05Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU in AS No. 255 OF 2017 Chelladurai(died),

1. Dhavamani and 3 others Petitioner Vs 1.Shahul Hameed and 4 others Respondent(s) For Appellant(s):

Mr.C.Prakasam For Respondent:

ORDER

This petition has been filed to bring on record the petitioners as legal representatives of the deceased appellant and rank them as 2 nd to 5 th appellants.

2.It had been stated that when the appeal suit was pending, owing to nonappearance, the appeal suit was dismissed for non-prosecution. Subsequently, a

petition has been filed to condone the delay in filing petition to restore the appeal. The delay had been condoned. Thereafter, the petition to set aside the order of dismissal for default in CMP No.29692 of 2024 was brought for consideration before this Court. At that time, the appellant died. Necessitating bringing on record his legal representatives. 3.Since the legal representatives have a right to prosecute the appeal further, this petition stands allowed.

4.The Registry is directed to carry out necessary amendment reflecting the death of the sole appellant and bringing on record his legal representatives. (C.V.K., J.) (K.B., J.) 05-12-2025 smv

C.V.KARTHIKEYAN J.

AND K.KUMARESH BABU J.

smv in AS NO. 255 OF 2017

05-12-2025