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Madras High CourtCMP/9312/2023allowed

S.Rajeswari v. E.Gopal

2025-11-14Honourable Dr.Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HON'BLE DR.JUSTICE R.N.MANJULA CMP NoS. 9312, 9316 & 9318 of 2023 in SA.No.1004 of 2011

1. S.Rajeswari W/O K.Soundarapandian, Plot No.194, Lakshmi Nagar Extn, Porur, Chennai

2. K.Soundarapandian (Deceased)

3. V.Vasantha W/O Veerabathiran, No.241, Thambu Chetty St, Chennai 600 001 .Petitioners in all applications.

Vs

1. E.Gopal (Deceased)

2. T.Mohan S/o Thangavelu, No.169, Mandambakkam Village and Post, Sriperumbudur Tk

3. G.Kamalatchi W/o Late E.Gopal res at No.76, Old No.34, Durairaj St, Palavanthangal, Chennai 600 114

4. G.Shanthi D/o Late E.Gopal res at No.76, Old No.34,

Durairaj St, Palavanthangal, Chennai 600 114

5. G.Jayanthi D/o Late E.Gopal res at No.76, Old No.34, Durairaj St, Palavanthangal, Chennai 600 114 ..Respondents in all applications Prayer in CMP.No.9312 of 2023:

To condone the delay of 3502 days in filing the application for setting aside the abatement and pass such further or other orders as this Honble Court.

Prayer in CMP.No.9316 of 2023:

To set aside the abatement of appeal as against deceased 1st respondent and pass such further or other orders as this Court. Prayer in CMP.No.9318 of 2023:

To bring on record as the legal heirs of deceased 1st respondent namely 1)G.Kamalatchi, 2) G.Shanthi, 3) G.Jayanthi and rank them as respondents 3 to 5 in the above SA.No.1004 of 2011.

In all applications:

For Petitioners : Mr.S.SADASHARAM COMMON ORDER The learned counsel for the appellant submitted that the first respondent died and the applications have been filed to condone the delay in filing the application to

bring on the legal heirs of the deceased first respondent and to set aside the abatement and also an application to bring the legal heirs on record.

2. The proposed parties' notice has been served upon the respondents No. 3, 4 & 5; there is no representation for the respondents 3 to 5. As the legal heirs are the deceased, the first respondent has to be impleaded in order to proceed with the second appeal further; these applications are allowed. 14-11-2025 JRS

DR.R.N.MANJULA, J.

JRS CMP NoS. 9312, 9316 & 9318 of 2023 in SA.No.1004 of 2011 14-11-2025