Pushpam (Deceased) 1. M.Subhadra v. A.Shanmugam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-03-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP Nos. 9460, 9462 & 9465 of 2024 IN AS NO. 259 OF 2013 Pushpam (deceased) 1. M.Subhadra Res at No.662, Subbaiah Mudaliar Street, Coimbatore-641001 and 6 Others Appellant(s) Vs A.Shanmugam S/o.Shri Ayyaswamy, No.663, Subbaiah Mudaliar Street, Coimbatore-641001 Kannammal @ Hamsaveni (Deceased) and 2 Others Respondent(s) Prayers:
CMP.No. 9460 of 2024 is filed seeking to condone the delay of 4403 days in filing the application to bring on record the legal representative of the deceased Kannammal @ Hamsaveni in A.S.No. 259 of 2013. CMP.No. 9462 of 2024 is filed seeking to set aside the abatement caused due to the death of the deceased 2nd respondent Kannammal @ Hamsaveni in A.S.No. 259 of 2013.
CMP.No. 9465 of 2024 is filed seeking to permit the appellants to bring on record minor, J.Hashini, rep. by her guardian and maternal grandfather K.Rajkumar, residing at o. 53/28, Arasamara Street, Avarampalayam, Coimbatore -641 006 as the legal representative of deceased 2nd respondent in A.S.No. 259 of 2013 as respondent No.4.
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For Appellant(s) : Mr.V.G. Suresh Kumar For Respondent(s) : Mr.T.R.Rajaraman COMMON ORDER Civil Miscellaneous Petition No.9460 of 2024 has been filed seeking to condone the delay of 4403 days in filing the petition to bring on record the legal representative of the deceased Kannammal @ Hamsaveni in A.S.259 of 2013.
1.1. Civil Miscellaneous Petition No.9462 of 2024 has been filed seeking to set aside the abatement caused due to the death of the deceased 2nd Respondent Kannammal @ Hamsaveni in A.S.No. 259 of 2013. 1.2. Civil Miscellaneous Petition No.9465 of 2024 has been filed seeking to permit the appellants to bring on record Minor J.Hashini, rep. by her guardian and maternal grandfather K.Rajkumar, residing at No. 53/28, Arasamara Street, Avarampalayam, Coimbatore-641 006 as the legal representative of deceased 2nd respondent in A.S.No. 259 of 2013 as respondent No.4.
2. There are no serious objections in allowing these applications as 2/4
the applications have been filed to bring on the LRs on record by setting aside the abatement after condoning the delay.
3. Having considered the submissions made on either side and having considered the averments made in the affidavit, all the applications are allowed.
4. In the result, these Civil Miscellaneous Petitions are allowed. 19-03-2025 To MSM Note: Registry is directed to carry out necessary amendments in A.S.No. 259 of 2019.
C.KUMARAPPAN, J.
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MSM CMP Nos. 9460, 9462 & 9465 of 2024 A.S.No. 259 of 2013 19-03-2025 4/4