Jeeva Rekha (Died), 1) M.Balaramalingam, v. Savithiri Ammal (Died) 1.Vijayalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN CMP Nos. 26174, 26175 and 26176 of 2025 in SA NO. 618 OF 2008 CMP.Nos.26174, 26175 and 26176 of 2025

1. JEEVA REKHA (Died), 1) M.Balaramalingam, S/o.Late. R.K.Mannar, D.No.25 (Old No.42) Cowley Brown Road, R.S.Puram, Coimbatore - 641 002.

2. B. Arul Karthik, S/o.M.Balaramalaingam, D.No.25 (Old No.42) Cowley Brown Road, R.S.Puram, Coimbatore - 641 002.

3. B. Koushik, S/o.M.Balaramalingam, D.No.25 (Old No.42) Cowley Brown Road, R.S.Puram, Coimbatore - 641 002.

Appellant(s) 1/5

Vs

1. Savithiri Ammal (died) 1.Vijayalakshmi D/o.Late. Narayanasamy, Res at No.4/170, LMS Street, Pappanaickenpalayam, Coimbatore.

2.N.Renukadevi D/o.Late. Narayanasamy, Res at No.4/170, LMS Street, Pappanaickenpalayam, Coimbatore.

3.V.Sagunthalai W/o.Late. SampathKumar, Res at No.4/170, LMS Street, Pappanaickenpalayam, Coimbatore.

4.S.Rashmitha D/o.Late. SampathKumar, Res at No.4/170, LMS Street, Pappanaickenpalayam, Coimbatore.

Respondent(s) SA No. 618 of 2008

1. JEEVA REKHA(died) W/o. Dr M Balaramalingam Propriextrix Rama Rakha Finance 903 Big Bazaar Street Coimbatore 641 001.

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2.M.Balaramalingam S/o.Late.R.K.Mannar residing at D.No.25(Old No.42), Cowley Brown Road, R.S.Puram, Coimbatore - 641 0002 3.B.Arul Karthik S/o.M.Balaramalingam , residing at D.No.25(Old No.42), Cowley Brown Road, R.S.Puram, Coimbatore - 641 0002 4.B.Koushik S/o.M.Balaramalingam, residing at D.No.25(Old No.42), Cowley Brown Road, R.S.Puram, Coimbatore - 641 0002 .. sole appellant died, a2 to 4 brought on record as legal heirs of the deceased sole appellant vide court order dated 26/07/2022 made in cmp nos 12013 of 2022 in sa 618 of 2008(cvkj) Appellant(s) Vs

1. Savithiri Ammal W/o. Late Narayanasamy 170 Lms Street Pappanaickenpalayam Coimbatore.

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Respondent(s) CMP No. 26174 of 2025 PRAYER To condone the delay of 2022 days in filing the CMP. to set aside the abatement caused due to the death of the deceased Sole respondent and render Justice.

CMP No. 26175 of 2025 PRAYER To set aside the abatement caused due to the death of the Sole respondent in the above AS and render Justice.

CMP No. 26176 of 2025 PRAYER To bring the respondents 1 to 4 herein on record as respondents 2 to 5 in the above SA. as the LRs of the deceased Sole respondent viz. Savithri Ammal and render Justice.

S.A.No.618 of 2008 PRAYER Second Appeal filed against the decree and judgment dated 29.11.2005 in AS.No.60 of 2005 on the file of the I Additional District Court, Coimbatore, setting aside the decree and judgment dated 28.06.2004, in O.S.No.278 of 2002 on the file of the III Additional Sub Court, Coimbatore.

CMP.Nos.26174, 26175 and 26176 of 2025 For Petitioners: Mr.T.M.Naveen 4/5

COMMON

ORDER

Being satisfied with the reasons given in the affidavit, these Civil Miscellaneous Petitions are ordered.

2. Office is directed to carry out the amendment and post the S.A.No.618 of 2008 after two weeks along with CMP.No.9523 of 2022. 02-12-2025 Vv To The I-Additional District Judge, Coimbatore.

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V.LAKSHMINARAYANAN J.

Vv CMP Nos. 26174, 26175 and 26176 of 2025 in SA.No.618 of 6/5

02.12.2025 7/5