Kasthuri v. B.N.Devaraj

CMP NO. 9833 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-07-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU C.M.P.Nos.9833, 9835 & 9826 of 2022 in S.A.No.566 of 2015 KASTHURI (Deceased) and 6 Others Appellant(s) Vs B.N.Devaraj (Deceased) and 9 Others Respondent(s) For Appellant(s):

Mr.R.Jayaprakash COMMON ORDER The Civil Miscellaneous Petitions have been filed to condone the delay of 1445 days in filing the petition to set aside the abatement caused due to the death of the 1st respondent, namely, B.N.Devaraj in S.A.No.566 of 2015; to set aside the abatement caused due to the death of the 1st respondent; and to bring on record the respondents 4 to 10 herein as the legal heirs of the deceased 1st respondent and rank them as party respondents 4 to 10 in the above Second Appeal respectively.

2. The Legal Heirship Certificate filed along with CMP.No.9826 of 2022 would indicate that the respondents 4 to 10 are the Legal Heirs of the deceased first respondent.

3. Considering the averments made in the affidavit filed in support of all these miscellaneous petitions and having been satisfied with the reasons stated therein, C.M.P.No.9833 of 2022 is ordered as prayed for and the delay of 1445 days is condoned.

4. The abatement caused due to the death of the deceased 1st respondent is set aside and hence, C.M.P.No.9835 of 2022 is ordered as prayed for.

5. The respondents 4 to 10 in C.M.P.No.9826 of 2022 are ordered to be brought on record as Legal Representatives of the deceased 1st respondent as respondents 4 to 10 in the Second Appeal and the petition in C.M.P.No.9826 of 2022 is ordered as prayed for.

18-07-2025 (1/2) kak Note:

Registry is directed to carry out the necessary amendments on or before 22.08.2025.

To

1. B.N.Devaraj (Deceased)

2. R.Munisamy Son of Ramaiah, B.Muduganapalli Village, Deveerapalli Post, Hosur Taluk, Krishnagiri District

3. Sasikala Wife of Venkataramanappa, B.Muduganapalli Village, Deeverapalli Post, Hosur Taluk, Krishnagiri District

4. Shanthamma Wife of Late B.N.Devaraj, Door No.2/4, Flower Street, Bagalur Village, Hosur Taluk, Krishnagiri District

5. Gopi Son of Late B.N.Devaraj, Door No.2/4, Flower Street, Bagalur Village, Hosur Taluk, Krishnagiri District Jayapal (Deceased) Son of Late B.N.Devaraj

6. Manjula Wife of Late.Jayapal Door No.2/4, Flower Street, Bagalur Village, Hosur Taluk, Krishnagiri District

7. Vamshidev Son of Late Jayapal

Door No.2/4, Flower Street, Bagalur Village, Hosur Taluk, Krishnagiri District

8. Pavanraj Son of Late.Jayapal Door No.2/4, Flower Street, Bagalur Village, Hosur Taluk, Krishnagiri District

9. Sampath Bds Sampaath Son of Late B.N.Devaraj Door No.2/4, Flower Street, Bagalur Village, Hosur Taluk, Krishnagiri District

10. Balakrishna Son of Late B.N.Devaraj Door No.2/4, Flower Street, Bagalur Village, Hosur Taluk, Krishnagiri District

K.KUMARESH BABU, J.

kak C.M.P.Nos.9833, 9835 & in S.A.No.566 of 2015 18.07.2025