S.Sumathee v. G.Sridharan(Died). 1.R.Uma @ Geetha

N THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA CMP Nos.28126, 28128 & 28130 of 2024 and CMP Nos. 28118, 28121 & 28124 of 2024 in S.A.No.872 of 2014 CMP Nos.28126, 28128 & 28130 of 2024 1.G.Balakrishnan, S/o Gopalan 2.B.Laxmikanth S/o G.Balakrishnan both risiding at Door No.40, Gandhi Main Road, Sankar Nagar, Pammal, Chennai 600 075.

... petitioners/proposed appellants in CMP Nos.28126, 28128 & 28130 of 2024 Vs.

... Respondents in CMP Nos.28126, 28128 & 28130 of 2024 CMP Nos. 28118, 28121 & 28124 of 2024 1.S.Sumathee, W/o Late Sridharan 2.S.Siddharth S/o Sridharan,

Both residing at Door No.19A, F1, Avia Enclave Ekanta Homes, Balakrishna Street, Nanmangalam, Chennai 600 117.

....... petitioners/proposed appellants in CMP Nos. 28118, 28121 & 28124 of 2024 Vs.

... Respondents in CMP Nos.228118, 28121 & 28124 of 2024 Prayer in CMP.N0.28126/2024: Petition filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 769 days in filing to petition to set aside the abatement against third appellant in second appeal. Prayer in CMP.No.28128/2024: Petition filed under Order XXII Rule 9(2) of the Code of Civil Procedure, praying to set aside the abatement caused due to the death of the third appellant on 18.05.2022 in the second appeal in S.A.NO.872/2014.

Prayer in CMP.No.28130/2024: Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, praying to bring or record the following legal representative (1) G.Balakrishnan, S/o.Gopalan, aged about 59 years and (2) G.Laxmikanth, S/o.Balakrishnan, aged about 25 years, as legal representatives of the deceased of the third appellant, B.Vijayalakshmi in the above second appeal in S.A.No.872/2014.

Prayer in CMP.No.28118/2024: Petition filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 132 days in filing to petition to set aside the abatement against first appellant. Prayer in CMP.No.28128/2024: Petition filed under Order XXII Rule 9(2)

of the Code of Civil Procedure, praying to set aside the abatement against the 1st appellant on 13.07.2024 in the second appeal in S.A.No.872/2014. Prayer in CMP.No.28130/2024: Petition filed under Order XXII Rule 3 of the Code of Civil Procedure, praying to bring or record the following legal representative (1) G.Balakrishnan, S/o.Gopalan, aged about 59 years and (2) G.Laxmikanth, S/o.Balakrishnan, aged about 25 years, as legal representatives of the deceased of the third appellant, B.Vijayalakshmi in the above second appeal in S.A.No.872/2014.

In all CMPs For Appellant(s) : Mr.S.P.Sudalaiyandi COMMON ORDER The petitions in CMP Nos.28126, 28128 & 28130 of 2024 have been filed to condone the delay of 769 days in filing the petition to set aside the abatement against third appellant in second appeal and to set aside the abatement caused due to the death of the third appellant on 18.05.2022 in the second appeal in S.A.NO.872/2014 and to bring or record the following legal representative (1) G.Balakrishnan, S/o.Gopalan, aged about 59 years and (2) G.Laxmikanth, S/o.Balakrishnan, aged about 25 years, as legal representatives of the deceased of the third appellant, B.Vijayalakshmi in the above second appeal in S.A.No.872/2014.

The petitions in CMP Nos.28126, 28128 & 28130 of 2024 have been

filed to condone the delay of 132 days in filing a petition to set aside the abatement against the first appellant and to set aside the abatement against the 1st appellant on 13.07.2024 in the second appeal in S.A.No.872/2014 and to bring or record the following legal representative (1) G.Balakrishnan, S/o.Gopalan, aged about 59 years and (2) G.Laxmikanth, S/o.Balakrishnan, aged about 25 years, as legal representatives of the deceased of the third appellant, B.Vijayalakshmi in the above second appeal in S.A.No.872/2014. 3.Having satisfied with the reasons stated in the affidavits filed in support of these petitions, these petitions are ordered. 4.The Registry is directed to carryout the necessary amendment and list the second appeal in S.A.No.872/2014, after two weeks. 29.01.2025 jrs To 1.G.Sridharan