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Madras High CourtA/3372/2025allowed

J.Kuppusamy (Deceased) 1.Mrs.K.Vijayalakshmi And 4 Others v. J.Chengalvarayan

2025-07-21Honourable Mr Justice C.V. Karthikeyan2 pages

A.Nos.3372, 3373 & 3374 of 2025 in T.O.S.No.29 of 2005 C.V.KARTHIKEYAN, J.

These three applications have been filed consequent to the death of the plaintiff to condone the delay of 17 days in filing application to set aside the abatement caused due to the death of the plaintiff, to set aside abatement and to bring on record the legal heirs of the deceased plaintiff as plaintiffs 2 to 6.

2. In the affidavit filed in support of the Judges Summons, it had been stated that the plaintiff died on 06.02.2025 and owing to the plaintiff's sudden death and emotional distress following his death, the applicants were not able to take immediate steps to bring them on record, thereby, the delay of 17 days has been caused.

3. Heard the learned counsel for the defendant also.

4. Taking all these factors into consideration, the delay of 17 days is condoned and the abatement is set aside. The applicants are brought on record as plaintiffs 2 to 6.

5. The learned counsel for the plaintiffs to carryout the necessary amendment by 04.08.2025.

21.07.2025 gsk C.V.KARTHIKEYAN, J.

https://www.mhc.tn.gov.in/judis

gsk A.Nos.3372, 3373 & 3374 of 2025 in T.O.S.No.29 of 2005 21.07.2025 https://www.mhc.tn.gov.in/judis