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Madras High CourtA/2551/2025allowed

J.Vidya v. Vijayalakshmi Balachandran (Since Deceased) 1.Kumar Balachandran And Another

2025-09-18Honourable Dr.Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA A Nos. 2551, 2552 & 2553 of 2025 in TOS NO. 4 OF 2020 A.NO.2551/2025 S/o.Balachandran, 4 Sheffield Court, Monganville, NJ 07751 USA. Local Address for service both the Respondents is at D-302, Lancor TCP Altura, Model School Road,

Sholinganallur, Chennai 600 119.

Respondent(s) TOS No. 4 of 2020

1. Vijayalakshmi Balachandran W/o.Balachandran, Flat No.3-B, Coral, New No.8, Ragaviah Road, T.Nagar, Respondent(s) A No. 2552 of 2025

S/o.Balachandran, 4 Sheffield Court, Monganville, NJ 07751 USA. Local Address for service both the Respondents is at D-302, Lancor TCP Altura, Model School Road, Sholinganallur, Chennai 600 119.

Respondent(s) A No. 2553 of 2025 S/o.Balachandran, 4 Sheffield Court, Monganville, NJ 07751 USA. Local Address for service both the Respondents is at D-302, Lancor TCP Altura, Model School Road, Sholinganallur, Chennai 600 119.

Respondent(s) PRAYER

This petition is filed under Order XIV Rule 8 of OS.Rules r/w section 5 of the Limitation Act, 1963 praying to condone the delay of 60 days in filing the Applcation to set aside the abatement caused due to the death of the Sole Defendant viz Vijayalakshmi Balachandran, in the above suit. A No. 2552 of 2025 PRAYER This petition is filed under Order XIV Rule 8 of OS. Rules r/w order 22 Rule 4(3) of CPC praying to set aside the abatement caused due to the death of the Sole Defendant viz Vijayalakshmi Balachandran, in the above suit. A No. 2553 of 2025 PRAYER This petition is filed under Order XIV Rule 8 of OS. Rules r/w order 22 Rule 4(1) of CPC praying to bring the Proposed Respondents herein, as the legal heirs of the sole defendant viz Vijayalakshmi Balachandran, in the abovee suit as party Defendants 2 and 3 in the above suit. In all applications:

For Applicant(s):

Mr.E.Senthil Kumar For Respondent(s):

M/s G.Sumitra For Sole Deft.

COMMON ORDER The application in A.No.2551/2025 is filed to condone the delay of 60 days in filing the Application to set aside the abatement caused due to the death of the Sole Defendant viz Vijayalakshmi Balachandran, in the above suit. 2.The application in A.No.2552/2025 is filed to set aside the abatement

caused due to the death of the Sole Defendant viz Vijayalakshmi Balachandran, in the above suit.

3. The application in A.No.2553/2025 is filed to bring the Proposed Respondents herein, as the legal heirs of the sole defendant viz Vijayalakshmi Balachandran, in the above suit as Defendants 2 and 3 in the above suit.

4. Ms.G.Sumithra, learned counsel for the respondent submitted that she proposes to file vakalat for the proposed defendants 2 and 3, who are going to be impleaded as the legal representatives of the deceased first defendant.

5. In view of the same, both the applications are allowed for the reasons stated in the respective affidavits filed in support of the applications. 18-09-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes

R.N.MANJULA J.

jrs AND TOS NO. 4 OF 2020,A NO. 2552 OF 2025,A NO. 2553 OF 18-09-2025