K.Deenadayalan (Deceased) v. Miss N.V.Banumathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN in S.A.No.1303 of 2009 K.Deenadayalan (Deceased) 1.Mrs.Poongodi, Door No.3/6, Rajeshvarinagar Main Road, Karambakkam, Porur, Chennai-600116 and 2 Others Applicants in all petitions Vs Miss N.V.Banumathy D/o N.Venkatasubbu, LIG Block, No.7c, Bharathidasan, K.K.Nagar, Chennai-600078 and 6 Others Respondents in all petitions In all petitions For Applicants:
Mr.Prakash Goklaney For Respondents:
Mr.A.Palaniappan for R1 Mr.G.Ameedius, Government Advocate for R2 Ms.G.Hemalatha Gajapathy Standing Counsel for R4 and R5 Ms.R.Revathy for R3 Mr.M.P.Mohandass for R6 and R7 COMMON ORDER These three applications have been filed consequent to the death of the first appellant, to condone the delay of 1144 days in filing the application to set aside abatement, to set aside abatement and to bring on record his legal representatives as further appellants in the Second Appeal. 1/4
2. In the common affidavit filed in support of the three applications, it had been stated that the sole appellant had died on 17.11.2019. It had also been stated that the petitioners herein were not aware of the details of the proceedings and only when the Second Appeal was listed they came to know about the necessity to bring them on record. In view of all these factors, there has been a delay.
3. Heard the learned counsel for the respondents also.
4. Taking into consideration the facts and circumstances of the case, these applications are allowed and the delay in filing the application to set aside abatement stands condoned. The abatement is set aside and the legal representatives as stated in the applications are brought on record as further appellants in the second appeal.
08-08-2025 vum 2/4
To 1.The Collector Chengai MGR District, Kancheepuram
2. The Commissioner Villivakkam Town Panchayat, Ambattur
3. The Chairman TNEB, Chennai-600002
4. The Executive Engineer TNEB, Alwarthirunagar, Chennai-600087
5. The Chief General Manager Madras Telephone, Puraswakkam High Road, Chennai-600010
6. The Deputy General Manager South West, Panagal Buildings, Saidapet, Chennai-600 015. 3/4
C.V. KARTHIKEYAN,J., vum in S.A.No.1303 of 2009 08.08.2025 (1⁄2) 4/4