M. Balalsubramani v. Mrs. Josephin Stella Mary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL CMP Nos. 20321, 20322 and 20323 of 2017 in A.S.No. 287 of 2003 ---- M. Balalsubramani S/o. Late Raghuraman, No. 67, Prithivipakkam, II Street, Ambattur, Chennai -600053 Petitioner [in all three petitions]

Versus

1.Josephin Stella Mary (Since Deceased) W/o.John Peter, No. 20, Pandarm Street, Poonamallee, Chennai -600 056.

2.T. Gangadaran (Since Deceased) S/o. Rathinasamy No.8/14, Venkateswara Colony, IV Street, Kodungaiyur, R.V.Nagar Post, Chennai-600 118.

3.G.Ravi, S/o. T.Gangadaran No. 164, E-Block, MMDA Colony, Arumbakkam, Chennai-600 106.

1/4

4.John Peter No. 20, Pandaram Street, Poonamallee, Chennai - 600 056.

5.Dominic Babu S/o. John Peter No. 20, Pandaram Street, Poonamallee, Chennai - 600 056.

6.Prince Priya D/o. John Peter No. 20, Pandaram Street, Poonamallee, Chennai - 600 056.

...Respondents

[in all three petitions] Prayers:

CMP.No. 20321 of 2017: is filed under Section 5 of the Limitation Act, prays to condone the delay of 156 days caused in filing the accompanying M.P.Sr.No. 57095 of 2013 to bring the L.Rs of the deceased 1 st respondent into record in A.S.No. 287 of 2003.

CMP.No. 20322 of 2017: is filed under Order 22 Rule 9 of the Code of Civil Procedure, prays to set aside the abatement caused due to the death of the deceased st respondent in A.S.No. 287 of 2003.

CMP.No. 20323 of 2017: is filed under Order XXII Rule 4 of the Code of Civil Procedure, prays to bring on record the Respondent Nos. 4 to 6 herein as the legal heirs of the deceased 1 st respondent as the proposed Respondent Nos. 4 to 6 in A.S.No. 287 of 2003.

For Petitioner: M/s.R.Krishnaswamy ---- 2/4

COMMON ORDER Heard the learned Counsel for the petitioner. 2.It is stated that the 1 st respondent, namely, Josephin Stella Mary, W/o.John Peter, passed away on 01.06.2012 leaving behind the Respondent Nos. 4 to 6 herein as the legal representatives of the deceased 1 st respondent.

3.Despite the names of the Respondent Nos. 4 to 6 were printed in the cause list, they have not chosen to contest the petitions. 4.Upon being satisfied with the reasons stated in the affidavit filed in support of these petitions, these petitions are ordered accordingly. 12.06.2025 1/3 MSM 3/4

R.SAKTHIVEL, J MSM CMP Nos. 20321, 20322 and 20323 of 2017 in A.S.No. 287 of 2003 12.06.2025 4/4