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Madras High CourtCMP/13753/2025allowed

K.Rathinavelu (Died) v. Dhanabakkiyam

2025-07-10Honourable Mr Justice C.V. Karthikeyan2 pages

C.M.P.Nos.13753, 13754 & 13756 of 2025 in S.A.No.33 of 2009 C.V.KARTHIKEYAN, J.

These Petitions have been filed to condone the delay of 449 days in seeking to set aside the abatement caused by the death of the second respondent; to set aside the abatement caused by the death of the second respondent and to bring on record the legal heirs of the second respondent as respondents 27 to 30.

2. Notice had been directed. The learned counsel has now entered appearance for the proposed respondents. Perusal of the record would show that the second respondent had died and thereafter, with some delay, these Petitions have been filed. But in the Second Appeal, the proposed respondents are required as necessary parties.

3. Taking all these factors into consideration, these Petitions are allowed. The Registry to carry out the necessary amendment in the cause title of this Second Appeal reflecting the death of the second respondent and bringing on record the legal heirs of the second respondents as respondents 27 to 30.

10.07.2025 gsk https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

gsk C.M.P.Nos.13753, 13754 & 13756 of 2025 in S.A.No.33 of 2009 10.07.2025 https://www.mhc.tn.gov.in/judis