K.Muthu v. T.Amudan Antony (Deceased), 1.K.Devi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR AND THE HONOURABLE DR. JUSTICE A.D.MARIA CLETE CMP.Nos.16432, 16433 & 16434/2024 in OSA.No.214/2023 K.Muthu ..
Petitioner in all the petitions
Versus
T.Amudan Antony [Deceased] 1.K.Devi 2.A.A.Kumaran 3.A.A.Sastha Prabhu 4.A.A.Dayasankar A.A.Annaprabhu [deceased] 5A.A.Kala 6.A.A.Varalakshmi 7.S.P.Muthukumarasami 8.M.Anusaya Devi 9.Mrs.SAvithri B 10.Mrs.Bakkiyam 11.Miss Tamil Malar S.B.
rep.by her mother & natural guardian Mrs.Savithiri B.
.. Respondents in all petitions
**RR10 to 12 impleaded as LRs of deceased 1st plaintiff/1st applicant vide order dated 04.08.2021 in A.No.2592/2021 12.Sathiyapriya S 13.Minor A.S.Ramyasri rep.by her mother and legal guardian Mrs.Sathiyapriya S ..
Proposed respondents Prayer in CMP.No.16432/2024:
Petition filed under Order 14 Rule 8 of High Court Original Side Rules 1994 read with Section 5 of the Limitation Act, 1963, to condone the delay of 675 days in preferring an application to set aside the abatement of proceedings against the deceased 5th respondent in OSA.No.214/2023.
Prayer in CMP.No.16433/2024:
Petition filed under Order 14 Rule 8 of High Court Original Side Rules 1994 read with Order XXII Rule 9 of CPC, 1908, to set aside the abatement of proceedings against the deceased 5th respondent in OSA.No.214/2023.
Prayer in CMP.No.16434/2024:
Petition filed under Order 14 Rule 8 of High Court Original Side Rules 1994 read with Order XXII Rule 4 of CPC, 1908, to bring on record the proposed respondents 12 and 13 herein as the legal representatives of the 5th respondent, late Mr.A.A.Annaprabhu, in OSA.No.214/2023 and rank them as respondents 13 and 14 in the said Appeal.
For Petitioner in all petitions :
Mr.Thyriyambak J.Kannan For R2 in all petitions :
Mr.S.Santhosh Kumar
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,] (1) These petitions are filed to condone the delay of 675 days in filing a petition to set aside abatement caused due to the death of the 5ht respondent ; to set aside the abatement and to bring on record the legal representatives of the deceased 5th respondent as respondents 13 and 14 in the Original Side Appeal.
(2) In the affidavit filed in support of the petition in CMP.No.16432/2024, the petitioner has properly explained the delay to the satisfaction of this Court. The relationship is not in dispute. It is the case of the petitioner that the death of the 5th respondent was brought to his notice only during the proceedings.
(3) Hence, CMP.Nos.16432 to 16434/2024 in OSA.No.214/2023 are ordered.
(4) Registry is to carry out necessary amendment in the cause title and post the Original Side Appeal for final hearing during November 2024.
[SSSRJ] [ADMCJ] 18.10.2024 AP Internet : Yes
S.S.SUNDAR, J., and A.D.MARIA CLETE, J., AP CMP.Nos.16432 TO 16434/2024 IN OSA.No.214/2023 18.10.2024