Sarathy @ Parthasarathy v. Rajendran (Died) 1. Nagarajan

CMP NO. 11462 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-08-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU CMP Nos. 11462, 11463, 11464, 12153, 12154 & 12155 of 2025 in S.A.Nos.182 & 183 of 2016 Sarathy @ Parthasarathy S/o. Ramakrishnan, 205A, Sivan Sannadhi Street, Manakkal, Ayyampettai, Tiruvarur.

Appellant(s) Vs Rajendran (died) 1. Nagarajan S/o. Ramasamy Naidu, South Street, Manakkal, Ayyampettai, Kudavasan Taluk, Tiruvarur LRs of Rajendran and 3 Others Respondent(s) For Appellant(s): Ms.R. Meenal For Respondent(s): Ms.Rama Devi for R1 undertakes to file Vakalath for RR2 to 4

ORDER

The Petition in C.M.P.No.11462 of 2025 has been filed to condone the delay of 3627 days in seeking to set aside the abatement caused by the death of the first respondent in the above Second Appeal.

2. The Petition in C.M.P.No.12154 of 2025 has been filed to set aside the abatement caused by the death of the first respondent in the above Second Appeal.

3. The Petition in C.M.P.No.12153 of 2025 has been filed to condone the delay of 3629 days in seeking to set aside the abatement caused by the death of the first respondent in the above Second Appeal.

4. The Petition in C.M.P.No.11464 of 2025 has been filed to bring on record the respondents 2 to 4 herein who are the legal representatives of the deceased first respondent in the above Second Appeal.

5. The Petition in C.M.P.No.11463 of 2025 has been filed to set aside the abatement caused by the death of the first respondent in the above Second Appeal.

6. The Petition in C.M.P.No.12155 of 2025 has been filed to bring on record respondents 2 to 4 herein who are the legal representatives of the deceased first respondent in the above Second Appeal as respondents 3 to 5 in the above Second Appeal.

7. Heard the learned counsels appearing for their respective parties and perused the materials

available on record.

8. Learned counsel appearing for the deceased first respondent would acknowledge the fact that the proposed respondents are the legal heirs of the deceased first respondent.

9. Recording the said statement, these applications stands allowed.

10. Registry is directed to carry out necessary amendments. In the interregnum, Ms.Rama Devi, the learned counsel had entered appearance on behalf of the respondents 2 to 4.

11. List the matter on 14.08.2025.

01-08-2025 Gba To

1. Rajendran (died) 1. Nagarajan S/o. Ramasamy Naidu, South Street, Manakkal, Ayyampettai, Kudavasan Taluk, Tiruvarur LRs of Rajendran

2. LALITHA W/o. Rajendran, Res. at 6, Mananthiyar Street, Therku Sethi Village Thiruvarur Taluk, Tamil Nadu.

3. SANTHI d/o. Rajendran, Res. at 6, Mananthiyar Street, Therku Sethi Village Thiruvarur Taluk, Tamil Nadu.

4. TAMILSELVI D/o. Rajendran, Res. at 6, Mananthiyar Street, Therku Sethi Village Thiruvarur Taluk, Tamil Nadu.