Madras High CourtCMP(MD)/4968/2025allowed

1. E.Senthilkumari (Died), 2. P.Esakkimuthu, v. S.Sivasakthi

2025-09-16Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-09-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI CMP(MD) NOS. 4968, 4973 and 4975 of 2025 in AS(MD)NO. 173 of 2017 1.E.Senthilkumari (Died) 2.P.Esakkimuthu 3.Perumal 4.Suganya Dineshkumar (Died) Petitioner(s) in all petitions Vs S.Sivasakthi Respondent(s) in all petitions For Petitioner(s) in all petitions :

Mr.P.M.Vishnuvarthanan, Advocate For Respondent(s) in all petitions :

Mr.H.Arumugam, Advocate Common Prayer : Civil Miscellaneous Petitions are filed to condone the delay of 431 days in filing the application to set aside the abatement 1/4

caused due to the death of the deceased 1st appellant, to set aside the abatement caused due to the death of the deceased 1st appellant, and to bring on record petitioner Nos.3 and 4 herein as the legal representatives of the deceased 1st appellant and rank them as appellant Nos.3 and 4 in the Appeal Suit in A.S.(MD)No.173 of 2017.

COMMON

ORDER

These Civil Miscellaneous Petitions have been filed to condone the delay of 431 days in filing an application to set aside the abatement caused due to the death of the deceased 1st appellant, to set aside the abatement caused due to the death of the deceased 1st appellant, and to bring on record petitioner Nos.3 and 4 herein as the legal representatives of the deceased 1st appellant and rank them as appellant Nos.3 and 4 in the Appeal Suit in A.S.(MD)No.173 of 2017.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondent, and I have perused the common affidavit filed in support of these petitions.

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3. The learned counsel for the respondent has not raised any objection to allow these petitions.

4. Being satisfied with the reasons stated in the affidavit, these Civil Miscellaneous Petitions are allowed.

16.09.2025 Note : Registry is directed to carry out necessary amendments in the appeal memorandum and list the same in the usual course. mkn 3/4

P.VADAMALAI, J.

mkn CMP(MD) NOS. 4968, 4973 and 4975 of 2025 in AS(MD)NO. 173 of 2017 16.09.2025 4/4