Madras High CourtA/3788/2025allowed

R.Balasubramanian v. A.Seethalakshmi (Deceased) 1.A.Anbumani And 5 Others

2025-09-04Honourable Dr.Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-09-2025

CORAM

THE HON'BLE DR.JUSTICE R.N.MANJULA A Nos. 3788, 3789 & 3790 of 2025 in TOS.No.9 of 2020 R.Balasubramanian S/o.Late S.M.Rajendran, New No.14, Old No.18, Second Floor, Iv Main Road, Kamaraj Nagar, Thiruvanmiyur, Chennai-600 ..Applicant(s) Vs

1. A.Seethalakshmi (Deceased) 1.A.Anbumani and 5 others S/o.A.Arumainathan, New No.14, Old No.18, Second Floor, Iv Main Road, Kamaraj Nagar, Thiruvanmiyur, Chennai-600 041

2. A.Karthikeyan S/o.A.Arumainathan, New No.12, New Beach Road, Newri Sri Darshan Apartments, Thiruvanmiyur, Chennai-600 041

3. A.Bhuvaneswari D/o.A.Arumainathan, New No.12, New Beach Road, Newri Sri Darshan Apartments, Thiruvanmiyur, Chennai-600 041

4. A.Usha First Floor, IV Main Road, Kamaraj Nagar,

5. A.Geetha Second Floor, IV Main Road, Kamaraj Nagar,

6. R.Janaki D/o.A.Arumainathan.

..Respondent(s) PRAYER : To condone the delay of 449 days in filing the application to set aside the abatement due to the death of the 1st Defendant (A.Seethalakshmi) in T.O.S.No.9 of 2020; to set aside the abatement caused due to the death of the first defendant and to bring on record the 4th to 6th respondents as 4th to 6th defendants as legal heirs of the deceased 1st defendant in TOS.No.9 of 2020. For Applicant(s):

M/S.K. Mohanamurali For Respondent(s):

Mr.K.CHANDRASEKARAN for D1 to D4

ORDER

These applications have been filed to condone the delay of 449 days in filing the application to set aside the abatement due to the death of the 1st Defendant (A.Seethalakshmi) in T.O.S.No.9 of 2020; to set aside the abatement caused due to the death of the first defendant and to bring on record the 4th to 6th respondents as 4th to 6th defendants as legal heirs of the deceased 1st defendant in TOS.No.9 of 2020.

2. Being satisfied with the reasons stated in the affidavit filed in support of these applications, the same are allowed. The learned counsel for the plaintiff to carry out the necessary amendment in the plaint. 04-09-2025 GSK

DR.R.N.MANJULA, J.

GSK To