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Madras High CourtA/6420/2024allowed

A.Gajalakshmi v. Devaki Ammal (Deceased) A.Dillibabu (Deceased) 1.A.Sethuraman

2025-01-09Honourable Dr Justice G. Jayachandran3 pages

A NO. 6420 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN A Nos. 6420, 6421, 6422 of 2024 in OP NO. 826 of 2019 A.Gajalakshmi W/o.G.Srinivasan No.23/06, Burha Sahib Street, Border Thottam, Chennai-600002. and another Applicants (in all applications) Vs Devaki Ammal (Deceased) A.Dillibabu (Deceased) 1.A.Sethuraman W/o.G.Audhikesvalu No.62, Syful Mulk Street, Komaleeswaranpet, Chennai-600002. and 3 Others Respondents (in all applications) A Nos. 6420, 6421, 6422 of 2024 For Applicants : Mr.V.G. Suresh Kumar COMMON ORDER The second respondent in O.P.No.826 of 2019 by name A.Dilli Babu died on 01.06.2023, leaving behind his wife and sons, as his legal heirs.

2. Due to the death of the second respondent, the petition against him stands abated, after expiry of 90 days. Hence, applications are filed to condone the delay of 87 days, to set aside

the abatement and to bring the legal heirs of the deceased second respondent as respondents 5 to 7 in the original petition.

3. Private Notice served to parties and proof of service has been filed.

4. Considering the nature of the application, the delay of 87 days is condoned; the application to set aside the abatement is allowed and the application to bring on record the respondents 3 to 5 herein, as the respondents 5 to 7 /legal representatives of the deceased second respondent is allowed.

5. The petitioner is directed to carry out the necessary amendment to file amended copy. Post the matter on 06.02.2025 for further proceedings. 09-01-2025 Vv To

1. Devaki Ammal (Deceased) A.Dillibabu (Deceased) 1.A.Sethuraman W/o.G.Audhikesvalu No.62, Syful Mulk Street, Komaleeswaranpet, Chennai-600002.

2. A.Dillibabu S/o.G.Audhikesvalu No.62, Syful Mulk Street, Komaleeswaranpet, Chennai-600002.

3. A.Sethuraman

S/o.G.Audhikesvalu No.63, Syful Mulk Street, Komaleeswaranpet, Chennai-600002.

4. A.Ganesh babu S/o.G.Audhikesvalu No.62, Syful Mulk Street, Komaleeswaranpet, Chennai-600002.

5. D.Hari Baskar S/o.Late A.Dillibabu No.62, Syful Mulk Street, Chennai-600 002.