Subashini v. P.Loganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.Nos.21769, 21926 & 21925 of 2022 in A.S.No.426 of 2021 Mrs.Subashini ... Petitioner / Appellant in all CMPs Vs.

1.P. Loganathan, (Deceased)

2. Mrs. Sunitha ... Respondents / Respondents in all CMPs

3. Mrs.L.Malathi @ Mala ... Respondent / Proposed respondent in all CMPs PRAYER IN CMP.No.21769 of 2022 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 91 days in filing the application to bring on record the legal representative of the deceased 1st respondent in the above appeal suit in A.S.No.426 / 2021.

PRAYER IN CMP.No.21926 of 2022 : This Civil Miscellaneous Petition filed under Order XXII Rule 9 of CPC, praying to set aside the abatement caused due to the death of the first respondent, Loganathan in the above appeal suit in A.S.No.426 of 2021.

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PRAYER IN CMP.No.21925 of 2022 : This Civil Miscellaneous Petition filed under Order XXII Rule 4 of CPC, praying to bring on record the third respondent / proposed respondent as legal representative of deceased 1st respondent in the above appeal suit in A.S.No.426 of 2021. For Petitioner :

Mr.Akbar Basha for Mr.B.R.Sankaralingam in all CMPs For Respondents : Mr.K.Premkumar for R2 & R3 in all CMPs COMMON ORDER CMP.No.21769 of 2022 has been filed to condone the delay of 91 days in filing the application to bring on record the legal representative of the deceased 1st respondent in the above appeal suit in A.S.No.426 / 2021.

2. CMP.No.21926 of 2022 has been filed to set aside the abatement caused due to the death of the first respondent, Loganathan in the above appeal suit in A.S.No.426 of 2021.

3. CMP.No.21925 of 2022 has been filed to bring on record the third respondent / proposed respondent as legal representative of deceased 1st respondent in the above appeal suit in A.S.No.426 of 2021. Page No.2 of 4

4. Heard Mr.Akbar Basha, learned counsel appearing for the petitioner / appellant and Mr.K.Premkumar, learned counsel appearing for the respondents 2 & 3 and he has no objection for allowing this Petition.

5. On being satisfied with the reasons stated in the affidavits filed in support of these petitions and in view of no objection having been stated by the learned counsel appearing for the respondents 2 & 3, this Court is inclined to allow these petitions. Accordingly, these petitions are allowed without costs.

04.07.2025 av Note: Registry is directed to carry out necessary amendment in the appeal papers.

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R.SAKTHIVEL, J.

av CMP.Nos.21769, 21926 & 21925 of 2022 in A.S.No.426 of 2021 04 / 07 / 2025 (1/2) Page No.4 of 4