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Madras High CourtCMP/15209/2023allowed

Tp Gajendran (Dead) G. Bhuvaneswari v. Popuri Sivalinga Varaprasad

2024-04-22Honourable Mrs.Justice K. Govindarajan Thilakavadi3 pages

C.M.P.Nos. 15209 and 15216 of 2023 in S.A.No. 805 of 2009 K.GOVINDARAJAN THILAKAVADI, J.

The captioned C.M.P.Nos.15209 and 15216 of 2023 in S.A.No.805 of 2009 are filed by the proposed appellants/petitioners, stating that the husband of the first proposed appellant/petitioner has preferred the above Second Appeal against the judgement and decree passed in A.S.No.627 of 2006, dated 27.01.2009 on the file of the V Additional City Civil Court, Chennai reversing the judgement and decree dated 29.07.2005 passed in O.S.No.6662 of 2000 on the file of the XII Assistant City Civil Court, Chennai.

2. The petitioners/Appellants would submit that the sole appellant T.P.Gajendran died on 05.02.2023 leaving behind the proposed appellants/petitioners as his legal representatives. Since cause of action survives on them, they preferred the above petitions to set aside the abatement order and to bring on record the proposed Appellants/petitioners as Legal heirs of the deceased sole Appellant T.P.Gajendran in the above Second Appeal No. 805 of 2009.

3. Accordingly, the above petitions in C.M.P.Nos. 15209 and 15216 of 2023 are allowed.

4. Registry is directed to carry out the necessary amendments in the above Second appeal No. 805 of 2009 22.04.2024 (2/2) nsl

K.GOVINDARAJAN THILAKAVADI, J.

nsl C.M.P.Nos. 15209 and 15216 of 2023 in S.A.No. 805 of 2009 22.04.2024 (2/2)