Dr Jawahar Palaniappan v. Kumudam Publications Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR A Nos. 4846, 4847 & 4848 of 2024 in CS No. 139 of 2012 Dr.A. Jawahar Palaniappan Director, M/s Kumudam Publications Private Limited, 13/19, Sathyanarayana Avenue, Boat Club Road, Raja Annamalaipuram, Chennai 600 028 Applicant(s) in all the Applications Vs

1. M/s.Kumudam Publications Private Limited, Represented by its Managing Director Mrs.A.Kothai, 306, Purasawalkam High Road, Chennai - 600 010.

2.M/s.Imprint Tech (India) Private Limited, Represented by it Nominee Mr.P.Varadarajan, No.3, Luz Avenue, Mylapore, Chennai - 600 004.

3.M/s.Noble Broadcasting Corporation Private Limited, Represented by its Chairman & Managing Director, Mr.P.Varadarajan, 306, Purasawalkam High Road, Chennai - 600 010.

Respondents 1 to 3/Defendants 1 to 3 4.A.L.Vijayalakshmi 5.Krishna Meyammai M Proposed Respondents 4 & 5 Defendants 5 & 6 in C.S.

as LRs of the deceased 4 th Defendant Prayer in A/4846/2024: This Application is filed under order XIV Rule 8 of O.S.Rules read with Order XXII Rule 9 R/w Section 5 of the Limitation Act, 1963 seeking to condone the delay of 1202 days caused in filing the application to set aside the abatement of the suit on account of the death of the 4 th defendant, Late Ms.Kothai in C.S.No.139 of 2012. Prayer in A/4847/2024: This Application is filed under Order XIV Rule 8 of O.S.Rules read with Order XXII Rule 9 R/w Section 151 of Code of Civil Procedure to set aside the abatement of the suit on account of the death of the 4 th defendant, Late Ms.Kothai in C.S.No.139 of 2012. Prayer in A/4848/2024: This Application is filed under Order XIV Rule 8 of O.S.Rules read with Order XXII Rule 4 R/W Section 151 of Code of Civil Procedure to bring on record the proposed respondents 4 & 5 and proposed defendants 5 & 6 herein as legal representatives of the deceased 4 th defendant, Ms.Kothai in C.S.No.139 of 2012.

For Applicant(s):

M/s.T.K.Bhaskar K.Harishankar For Respondent (s): Mr.Vijaynarayan, Senior Counsel for Mr.R.Amizhdhu for R1 Mr.K.Gowtham Kumar for R2 COMMON ORDER Applications filed seeking to condone the delay of 1202 days in view of the fact of the death of the 4th defendant Late.Kothai and to set aside the abatement caused due to the death of the 4th defendant and also to bring on record the legal representatives as defendants 5 and 6. 2.When the matter was taken up for hearing, the learned Senior Counsel appearing on behalf of the respondents 1 and 2 fairly submitted that he has no objection to bring on record the legal heirs of Late.Kothai. 3.In view of the above, the delay is condoned and the abatement is set aside and the legal representatives of the fourth defendant are brought on record.

4.The learned counsel for the applicant/plaintiff is directed to carry out necessary amendment and file amended plaint copy. 06-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.SENTHILKUMAR J.

Tsg A Nos. 4846, 4847 & 4848 of 2024 in CS No. 139 of 2012 06-10-2025