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Madras High CourtCMP/706/2025allowed

K.Marannan @ Mani v. Vatchala Devi

2025-12-08Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Kumaresh Babu3 pages

C.M.P.Nos.

706, 709 & 711 of 202 in A.S.No.56 of 2010 C.V.KARTHIKEYAN, J.

AND K.KUMARESH BABU, J.

These petitions have been filed seeking to condone the delay of 768 days in filing petition to bring on record the legal representatives of the deceased 7 th respondent, to set aside abatement, consequent to the death of the 7 th respondent, and to bring on record the legal representatives of the deceased 7 th respondent / Shanmugasundaram, as respondents 17 to 18.

2.In the affidavit filed in support of these petitions, it had been contended that the 7 th respondent, Shanmugasundaram had died on 05.06.2022 leaving behind his wife and son as his legal representatives. It had been further stated that, the delay in filing the petition was owing to the fact that, the death of Shanmugasundaram was not brought to the knowledge of the petitioner herein and thereafter, when it was brought to the knowledge, the petitioner had taken steps to

bring the legal representatives on record. There is a representation on behalf of the legal representatives and the learned counsel stated that vakalat would also be filed on their behalf.

C.V.KARTHIKEYAN, J.

AND K.KUMARESH BABU, J.

smv 3.Since the legal representatives have a right to participate in the appeal, consequent to the death of the 7 th respondent, these petitions are allowed. The delay is condoned. The legal representatives are brought on record as respondents 17 and 18. The Registry is directed to carry out necessary amendment in the cause title to the appeal suit.

(C.V.K., J.) (K.B., J.) 08.12.2025 smv

C.M.P.Nos.

706, 709 & 711 of 202 in A.S.No.56 of 2010