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Madras High CourtA/4714/2025allowed

Mr.Venkat Raman v. Mr.N.Jayachandran And 10 Others

2025-09-26Honourable Dr.Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA A No. 4714 of 2025 & A NO. 4715 OF 2025 AND CS NO. 912 OF 2016

1. Mr.Venkat Raman Son of Mr.M.Nilakantan No.110, Prestige Dorchester, 103/2, Jakkur Village, Behind Jakkur Flaying Club, Bengaluru-560064 Applicant(s) Vs

1. Mr.N.Jayachandran Son of Mr.M.Nilakantan No.11, Venus Colony Second Street, Alwarpet, Chennai-600018.Mrs.Nirmala Thyagarajan (Deceased) 2.Mrs.Indra Subramanyam Wife of late Mr.B.Subramanyam No.14, Rajasekharan Road, Off Radhakrishnan Road, Opp Hotel President, Mylapore, Chennai-600004.

3.Mrs.Uma Maheswari Wife of Mr.Shreedhar no.1601 Balaji Garden Tower B Opp Indian

Gymkhana, Behind Kings Circle Station, Matunga, Mumbai 400019.

4.Mrs.Radha Ramesh Wife of Mr.Mohan Krishnamurthy No.111 Ivy Lane, Bridgewater NJ 08807, USA.

5.NILAKANTAN and BROTHERS Constructions Private Limited, No.2, First Floor, Gokul Towers, No.7 C P Ramasamy Road, Chennai-600018.

6.Nilakantan and Sons Private Limited No.2, First Floor, Gokul Towers, No.7 C P Ramasamy Road, Chennai-600018 7.Indian Overseas Bank Mylapore Branch, No.177, Luz Church Road, Chennai-600004.

8.G.Thyagarajan No.6, (Old No.5), Lakshmi Colony, N.Crescent Road, T.Nagar, Chennai600017.

9.Anand Thyagarajan Son of Mr.G.Thyagarajan No.6, (Old No.5), Lakshmi Colony, N.Crescent Road, T.Nagar, Chennai-600017.

10.Sridharan Thyagarajan Son of Mr.G.Thyagarajan No.6, (Old No.5), Lakshmi Colony, N.Crescent Road, T.Nagar, Chennai-600017.

11.Mr.B.Hari No.1221 Vinaya First Street, Fourth Cross, HAL 3rd Stage, New Thippasandra, Bengaluru 560 075.

Respondent(s) A No. 4715 of 2025

1. Mr.Venkat Raman Son of Mr.M.Nilakantan No.110, Prestige Dorchester, 103/2, Jakkur Village, Behind Jakkur Flaying Club, Bengaluru-560064 Applicant(s) Vs

1. Mr.N.Jayachandran and 10 others Son of Mr.M.Nilakantan No.11, Venus Colony Second Street, Alwarpet, Chennai-600018.Mrs.Nirmala Thyagarajan (Deceased) 2.Mrs.Indra Subramanyam Wife of late Mr.B.Subramanyam No.14, Rajasekharan Road, Off Radhakrishnan Road, Opp Hotel President, Mylapore, Chennai-600004.

3.Mrs.Uma Maheswari Wife of Mr.Shreedhar no.1601 Balaji Garden Tower B Opp Indian Gymkhana, Behind Kings Circle Station, Matunga, Mumbai 400019.

4.Mrs.Radha Ramesh

Wife of Mr.Mohan Krishnamurthy No.111 Ivy Lane, Bridgewater NJ 08807, USA.

5.NILAKANTAN and BROTHERS Constructions Private Limited, No.2, First Floor, Gokul Towers, No.7 C P Ramasamy Road, Chennai-600018.

6.Nilakantan and Sons Private Limited No.2, First Floor, Gokul Towers, No.7 C P Ramasamy Road, Chennai-600018 7.Indian Overseas Bank Mylapore Branch, No.177, Luz Church Road, Chennai-600004.

8.G.Thyagarajan No.6, (Old No.5), Lakshmi Colony, N.Crescent Road, T.Nagar, Chennai600017.

9.Anand Thyagarajan Son of Mr.G.Thyagarajan No.6, (Old No.5), Lakshmi Colony, N.Crescent Road, T.Nagar, Chennai-600017.

10.Sridharan Thyagarajan Son of Mr.G.Thyagarajan No.6, (Old No.5), Lakshmi Colony, N.Crescent Road, T.Nagar, Chennai-600017.

11.Mr.B.Hari No.1221 Vinaya First Street, Fourth Cross, HAL 3rd Stage, New Thippasandra, Bengaluru 560 075.

Respondent(s) PRAYER: Application is filed to condone the delay of 284 days in filing setting aside the abatement in C.S.No.912 of 2016 as against the deceased 4th Defendant.

A No. 4715 of 2025 PRAYER: Application is filed to set aside the abatement of C.S.No.912 of 2016 as against the deceased 4th Defendant.

In both applications:

For Applicant(s):

M/s. S.Sathyaganesh For Respondent(s):

M/s.P.Veena Suresh For D1, D7 and D8 M/s.Kamatchi D. For D9 COMMON ORDER These applications are filed to condone the delay of 284 days in filing an application to set aside the abatement of the deceased fourth defendant in C.S.No.912 of 2016 and to set aside the abatement of the deceased fourth defendant in C.S.No.912 of 2016.

2. Being satisfied with the reasons stated in the affidavit filed in support of these applications, these applications are allowed. 26-09-2025 bkn

R.N.MANJULA J.

bkn AND CS NO. 912 OF 2016, A NO. 4715 OF 26-09-2025