K. Sathyanarayanan v. K.Subbulakshmi And 16 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025

CORAM

THE HONOURABLE Dr. JUSTICE R.N.MANJULA A.No.4373 of 2025:- K.Sathyanarayana ...Applicant

16.Prasanna 17.Sangeetha ... Respondents A.No.4374 of 2025:- K.Sathyanarayana ...Applicant 16.Prasanna 17.Sangeetha ... Respondents A.No.4375 of 2025:- K.Sathyanarayana ...Applicant

16.Prasanna 17.Sangeetha ... Respondents Prayer in A.No.4373 of 2025:- These applications have been filed under Order XIV Rule 8 of the Original Side Rules read with Section 5 of Limitation Act, to condone the delay of 362 days in filing the petition to set aside the abatement caused due to the death of the 7th defendant Late R.Mohanarangan in the above T.O.S. No. 54 of 2016; Prayer in A.No.4374 of 2025:- These applications have been filed under Order XIV Rule 8 of the Original Side Rules read with Order XXII Rule 9 of Code of Civil Procedure, to set aside the abatement caused due to the death of the 7th defendant Late R.Mohanarangan in the above T.O.S. No. 54 of 2016; and

Prayer in A.No.4375 of 2025:- These applications have been filed under Order XIV Rule 8 of the Original Side Rules read with Order XXII Rule 4 of Code of Civil Procedure, to bring on record of the respondents 15 to 17 herein as the legal heirs of the deceased 7th defendant namely R.Mohanarangan and rank them as defendants 18 to 20 in the above T.O.S. No. 54 of 2016.

For applicant in all Applications : Mr. P.Krishnan ----- C O M M O N O R D E R The plaintiff has filed these petitions seeking to condone the delay of 362 days in filing the petition to set aside the abatement caused due to the death of the 7th defendant Late R.Mohanarangan in the above T.O.S. No. 54 of 2016, to set aside the abatement caused due to the death of the 7th defendant Late R.Mohanarangan in the above T.O.S. No. 54 of 2016; and to bring on record the respondents 15 to 17 herein as the legal heirs of the deceased 7th defendant, viz., R.Mohanarangan and rank them as defendants 18 to 20 in the above T.O.S. No. 54 of 2016.

2. Heard the learned counsel for the applicants.

3. As bringing the legal heirs of the deceased 7th defendant on record is just consequential to his death and the suit can be effectively disposed only by impleading the necessary parties as the legal heirs of the deceased 7th defendant, these applications are allowed.

4. Registry is directed to carry out necessary the amendments in the TOS and also issue summons to the newly added respondents.

5. Copy of the amended plaint be filed within two weeks.

6. The matter is ordered to be listed after two weeks. 11.09.2025 Maya

Dr.R.N.MANJULA, J.

Maya Dated : 11.09.2025