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Madras High CourtA/3588/2024ordered

R.G.Elumalai (Deceased) 1.Mrs.Nalini Elumalai And 2 Others v. P.S.Sarojini

2024-10-29Honourable Mr Justice Rmt. Teekaa Raman3 pages

A.No.3588 of 2024 in O.P.No.339 of 1996 RMT.TEEKAA RAMAN,J.

This application has been filed to bring the legal representatives of the deceased petitioner R.G.Elumalai namely, Mrs.Nalini Elumalai, wife of Late R.G.Elumalai, E.Karthik, son of Late R.G.Elumalai, Mrs.Abirami Vedhanarayanan, the petitioners / proposed petitioners herein as petitioners 1 to 3 respectively in O.P.No.339 of 1996.

2. It is submitted by the learned counsel for the applicants that the original petition was filed by Mr.R.G.Elumalai in 1996 for grant of probate. Mr.R.G.Elumalai, the petitioner in the O.P.No.339 of 1996, passed away on 23.03.1997 leaving behind his wife, son and daughter as his legal representatives. The learned counsel further submitted that the respondent herein Mrs.P.S.Sarojini, also passed away. Therefore, it is prayed that the applicants herein who are the legal representatives of the deceased Mr.R.G.Elumalai, be substituted as the petitioners in O.P.No.339 of 1996.

3. Since both the petitioner and the respondent in the original petition have passed away, the original petition cannot be contested unless the legal representatives of R.G.Elumalai are brought on record. Therefore, this application is allowed.

4. Registry is directed to carryout necessary amendments in the original petition.

29.10.2024 spp

RMT.TEEKAA RAMAN,J.

spp A.No.3588 of 2024 in O.P.No.339 of 1996 29.10.2024