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Madras High CourtCMP/3943/2025allowed

G.Vijayakumar v. Sri G.Govindan Nair (Deceased) G.Selvaraj (Deceased) 1.G.Jayaprakash

2025-06-10Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.Nos.3943, 3947 & 3948 of 2025 in A.S.No.1075 of 2012 G. Vijayakumar ... Petitioner / Appellant in all CMPs Vs.

Sri G.Govindhan Nair G.Selvaraj

1. G.Jayaprakash

2. The Regional Transport Officer, Office of the Regional Transport, Appar Street, Venkatesan Colony, Pollachi.

Coimbatore District - 642 001.

3. Dhanalakshmi

4. U.Umamaheshwari

5. G.Saroja ... Respondents 1 to 5 in all CMPs

6. S. Paruvathi Kutty

7. S.Sasidharan

8. G. Sathish ... Respondents 6 to 8 / Proposed Respondents 6 to 8 in all CMPs PRAYER IN CMP.No.3943 of 2025 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 704 days in filing the petition to set aside abatement caused by the death of the second respondent G.Selvaraj.

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PRAYER IN CMP.No.3947 of 2025 : This Civil Miscellaneous Petition filed under Order 22 Rule 9 (2) of CPC, praying to set aside the abatement caused due to the death of deceased 2nd respondent G.Selvaraj. PRAYER IN CMP.No.3948 of 2025 : This Civil Miscellaneous Petition filed under Order 22 Rule 4 of CPC, praying to bring on record the legal repesentatives of late second respondents G.Selvaraj in the above appeal 6 to 8 and rank them as respondents 8 to 10 in the above A.S.No.1075 of 2012.

For Petitioners :

Mr.G.Vijayakumar (Party - in - Person) in all CMPs For Respondents :

Mr.P.Dinesh Kumar in all CMPs COMMON ORDER CMP.No.3943 of 2025 has been filed to condone the delay of 704 days in filing the petition to set aside abatement caused by the death of the second respondent G.Selvaraj.

2. CMP.No.3947 of 2025 has been filed to set aside the abatement caused due to the death of deceased 2nd respondent G.Selvaraj.

3. CMP.No.3948 of 2025 has been filed to bring on record the legal repesentatives of late second respondents G.Selvaraj in the above appeal 6 to 8 and rank them as respondents 8 to 10 in the above A.S.No.1075 of 2012.

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4. Heard Mr.G.Vijayakumar (Party - in - Person) for the petitioners and Mr.P.Dinesh Kumar, learned counsel for the respondents.

5. On being satisfied with the reasons stated in the affidavits filed in support of these petitions and considering the submissions made by the either side, these petitions stand allowed.

10.06.2025 av Note: Registry is directed to carry out the necessary amendment in the appeal papers.

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R.SAKTHIVEL, J.

av CMP.Nos.3943, 3947 & 3948 of 2025 in A.S.No.1075 of 2012 CMA NOS.423 AND 828 OF 2021 10 / 06 / 2025 (2/3) Page No.4 of 4