Mr.M.Dheenadhayalan (Deceased) Mrs.Usha Nandhini (Impleaded The Name In The Place Of The Deceased) v. No Respondent

in O.P.No.895 of 2016 R.PONGIAPPAN ,J.

Heard.

2.(i)A.No.3267 of 2020 is filed to condone the delay of 1117 days in filing the petition to set aside the abatement caused due to the death of the petitioner viz., Mr.M.Dheenadhayalan.

(ii)A.No.3268 of 2020 is filed, seeking the relief of setting aside the abatement caused due to the death of the petitioner viz., Mr.M.Dheenadhayalan and (iii)A.No.3269 of 2020, is filed to bring the applicant herein viz., Mrs.Usha Nandhini as petitioner in the place of the deceased petitioner in the above O.P.No.895 of 2016.

3.The applicant herein, namely, Usha Nandhini is the wife of Mr.M.Dheenadhayalan, who filed Original Petition in O.P.No.895 of 2016 under sections 232 and 276 of the Succession Act. During the pendency of O.P., the petitioner therein, i.e. M.Dheenaddhayalan died and hence, the applicant being the legal heir of the deceased petitioner, has come forward 1/3

with the present applications. The legal heirship certificate dated 06.02.2018 issued by the Tahsildar, Pallavaram shows that the applicant Usha Nandhini is the only legal heir of the deceased Mr.M.Dheenadhayalan. Therefore, since the applicant is the legal heir as could be seen from the legal heirs certificate, she is competent to come on record and she is entitled to maintain the Original Petition.

4.Accordingly, all these Applications are allowed. The Registry is directed to carry out the necessary amendment and list the matter after three weeks.

06.01.2021 mtl 2/3

R.PONGIAPPAN ,J.

mtl in O.P.No.895 of 2016 06.01.2021 3/3