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Madras High CourtCMP/22689/2023allowed

V.N.Natarajan(Deceased) 1.N.Loganathan v. A.Shajahan Sait,

2025-01-24Honourable Ms Justice R.N.Manjula3 pages

N THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-01-2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA CMP NO. 22689, 22692 & 22691 of 2023 IN SA NO. 356 of 2014 V.N.Natarajan (deceased) S/o t.C.Venkatachalam No.47, Ramamurthy Colony, Chennai 600 082.

... petitioner 1.N.Loganathan S/o late V.N.Natarajan 2.N.Panneerselvam S/o late V.N.Natarajan both residing at No.47, Ramamurthy Colony, Chennai 600 082.

- proposed Appellant in all Cmps.

Vs 1.A.Shajahan Sait S/o.Mr.M.S.Abdul Salam, NO.15, New No.23, Chamiers Road, Nandanam, Chennai 35.

2.Kaja Mohideen, S/o Adbul Rahman

Old No.9, New No.5, Badam Street, George Colony, Perambur, Chennai 11.

...

Respondents 2 to 6 in all Cmps In all CMPs For Appellant : Mr.G.Sarvanan.

Prayer in CMP.No.22689/2023 in SA.No.356/2014: Petition filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 12 days in filing application to set aside the abatement caused on the death of the appellant.

Prayer in CMP.NO.22692/2023 in SA.No.356/2014: Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, praying to bring the petitioners 1 and 2 as appellants on record being the legal representatives of the deceased appellant in the above second appeal. Prayer in CMP.NO.22691/2023 in SA.No.356/2014: Petition filed under Order XXII Rule 9 of the Code of Civil Procedure, praying to set aside the abatement caused on the death of the appellant. COMMON ORDER These petitions have been filed to condone the delay of 12 days in filing the application to set aside the abatement caused by the death of the appellant in the above second appeal, to set aside the abatement caused by the death of the appellant in the above second appeal and to bring on record the proposed petitioners 1 and 2 as legal representative of the deceased sole

appellant as appellants in S.A.No.356 of 2014. 2.Having satisfied with the reasons stated in the affidavits filed in support of these petitions, these petitions are ordered. 3.The Registry is directed to carryout the necessary amendment and list the second appeal in S.A.No.356 of 2014 on 05.02.2025. 24.01.2025 jrs To 1.A.Shajahan Sait S/o.Mr.M.S.Abdul Salam, NO.15, New No.23, Chamiers Road, Nandanam, Chennai 35.

2.Kaja Mohideen, S/o Adbul Rahman Old No.9, New No.5, Badam Street, George Colony, Perambur, Chennai 11.