K.Pushpam v. Azhagesan,

CMP NO. 24046 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU C.M.P.Nos.24046, 24049 & 24062 of 2024 in S.A.No.879 of 2016 K.Pushpam W/o.Late A.Krishnan, res at Door No.3/481, East Street, Korathakkudi Village, Sannavur Post, Ariyalur Taluk, Ariyalur District A.Krishnan (Died) K.Viswanathan (Died) and 7 Others Appellant(s) Vs Azhagesan, S/o.Natarajan, res at Korathakkudi Village, Sannavur Post, Ariyalur Taluk, Ariyalur District and 2 Others Respondent(s) For Appellant(s):

Mr.S.M.S.Shriram Narayanan For Respondent(s):

Ms.R.Poornima (For R1 to R3) COMMON ORDER The Civil Miscellaneous Petitions have been filed to condone the delay of 333 days in seeking to set aside the abatement caused due to the death of

the 1st appellant Krishnan in S.A.No.879 of 2016; to set aside the abatement caused due to the death of the 1st Appellant Krishnan in the second appeal and to bring the petitioners 1 to 4 herein on record as the legal representatives of the deceased 1st Appellant Krishnan in the above Second Appeal and rank the appellants 3 to 6 in the second appeal respectively.

2. The Legal Heirship Certificate of the 1st appellant produced before this Court would indicate that the petitioners 1 to 4 herein are the Legal Heirs of the deceased first appellant.

3. In view of the same, I find no impediment in ordering the present petitions.

4. Accordingly, C.M.P.No.24046 of 2024 is ordered as prayed for and the delay of 333 days is condoned.

5. The abatement caused due to the death of the 1st appellant is set aside and hence, C.M.P.No.24049 of 2024 is ordered as prayed for.

6. The Petitioners 1 and 4 in C.M.P.No.24062 of 2024 are ordered to be brought on record as Legal Representatives of the deceased 1st appellant as appellants 3 to 6 in the Second Appeal and the petition in C.M.P.No.24062 of 2024 is ordered as prayed for.

10-07-2025 (1/3) kak Note:

Registry is directed to carry out the necessary amendments on or before 25.07.2025.

To

1. Azhagesan, S/o.Natarajan, res at Korathakkudi Village, Sannavur Post, Ariyalur Taluk, Ariyalur District

2. MURUGESAN S/o.Natarajan, res at Korathakkudi Village, Sannavur Post, Ariyalur Taluk, Ariyalur District

3. SAKTHIVEL S/o.Natarajan, res at Korathakkudi Village, Sannavur Post, Ariyalur Taluk, Ariyalur District

K.KUMARESH BABU, J.

kak C.M.P.Nos.24046, 24049 & 24062 of 2024 in S.A.No.879 of 2016 10.07.2025