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Madras High CourtCMP/13434/2025dismissed

Rashida Banu R v. S.Jayaraman (Since Deceased), 1.K.Kolandan

2026-01-29Honourable Mr.Justice V. Lakshminarayanan2 pages

CMP.Nos.13434, 13438 & 13439 of 2025 in S.A.No.1908 of 2004

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN CMP.Nos.13434, 13438 & 13439 of 2025 in S.A.No.1908 of 2004 R.Rashida Banu .. Petitioner in all CMPs. Vs.

S.Jayaraman (since deceased)

1. K.Kolandan

2. 2.J.Vijaya

3. J.Shanthi

4. J.Prasanna .. Respondents/proposed Respondents 3 to 5 In all CMPs.

For Petitioner(s) :: Mr.D.Shivakumaran COMMON ORDER C.M.P.No.13434 of 2025 has been filed to condone the delay of 991 days in filing the petition to set aside the abatement caused due to the death of the first respondent in the above Second Appeal.

2. C.M.P.No.13438 of 2025 has been filed to set aside the abatement of the above appeal.

3. CMP.No.13439 of 2025 has been filed to bring on record the legal representatives of the first respondent.

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CMP.Nos.13434, 13438 & 13439 of 2025 in S.A.No.1908 of 2004 V.LAKSHMINARAYANAN J.

kkd

4. These petitions are absolutely unnecessary. They have been filed to bring on record the legal heirs of the deceased first respondent.

5. The first respondent, during his life time, sold the property to the second respondent. The second respondent, therefore becomes the legal representative of the first respondent with respect to the suit schedule mentioned property. When he is already on record, it is absolutely not necessary to bring on record the legal heirs. Hence, these Civil Miscellaneous Petitions are dismissed. 29.01.2026 kkd CMP.Nos.13434, 13438 & 13439 of 2025 in S.A.No.1908 of 2004 (1/2) __________Page 2 of 2 https://www.mhc.tn.gov.in/judis