K. Centhilkumaran v. Mrs. Shenbgavalli Alias Valliammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.04.2025 Coram:

The Honourable Mr.Justice C.SARAVANAN Application Nos.403 & 404 of 2025 in C.S.No.363 of 2012 1.K.Centhilkumaran 2.K.Banumathi 3.D.Vashumathi ...Applicants in both Applications

Versus

1.Mrs.Shenbagavalli @ Valliyammal 2.Mr.R.Murugesan 3.Mr.Shanmugham Mr.R.Natarajan 4.Mrs.S.Malliga 5.Minor D.Viji 6.Minor Bharathi 7.Minor Prabhu 8.Mrs.Padmini Duraikannu 9.Mrs.Rahini Govindarajan 1/4

10.Ms.Vimala Selvaraj 11.N.Rajeswari 12.N.Hari Babu 13.N.Devi Kala

...Respondents in both Applications

Prayer in Application No.403 of 2025 in C.S.No.363 of 2012: Application filed under Order XIV Rule 8 of O.S. Rules r/w. Order XXII Rule 9(2) of C.P.C praying to set aside the abatement on account of the death of the 3rd defendant.

Prayer in Application No.404 of 2025 in C.S.No.363 of 2012: Application filed under Order XIV Rule 8 of O.S. Rules r/w. Order XXII Rule 4 of C.P.C praying to bring on record the respondents 11 to 13 as defendants 12 to 14 being the legal heirs of the deceased 3rd defendant in C.S.No.363 of 2012.

For Applicants in both Applications :

Mr.R.Udhayakumar For Respondents R4 to R7 in bothApplications :

Mr.V.Suriya Sankar COMMON ORDER These Applications have been filed by the Applicants (Plaintiff Nos.2 to 4 in C.S.No.363 of 2012) for the following reliefs: (i) Application No.403 of 2025 in C.S.No.363 of 2012 - for setting aside the abatement on account of the death of the 3rd Defendant. 2/4

(ii) Application No.404 of 2025 in C.S.No.363 of 2012 - for bringing on record the Respondents 11 to 13 as Defendants 12 to 14 being the legal heirs of the deceased 3rd Defendant in C.S.No.363 of 2012.

2. The learned counsel for the Respondent Nos.4 to 7 (Defendant Nos.5 to 8 in C.S.No.363 of 2012) submitted that he has no serious objection to these applications being allowed.

3. Having been satisfied with the reasons stated in the affidavit filed in support of these applications and also, considering the no objection expressed from the side of the Respondent Nos.4 to 7 (Defendant Nos.5 to 8 in C.S.No.363 of 2012), these Applications are ordered as prayed for.

4. Registry is directed to carry out the necessary amendment in the cause title of the plaint in C.S.No.363 of 2012. The learned counsel for the Plaintiffs is directed to file a clean copy of the amended plaint in C.S.No.363 of 2012 within a period of two weeks from today. 07.04.2025 mrr Index : Yes/No Speaking Order (or) Non Speaking Order 3/4

C.SARAVANAN, J.

mrr Application Nos.403 & 404 of 2025 in C.S.No.363 of 2012 07.04.2025 4/4