V.Hariram v. Shantha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-06-2025

CORAM

THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN CMP(MD) NOs. 9373, 9374 & 9375 of 2025 IN 1.V.Hariram 2.H.Ganesh Kumar 3.H.Mala 4.M.Esakki ... Petitioners/Appellants Vs 1.Shantha 2.V.Natarajan (Died) 3.Jeyalakshmi 4.V.Raveendhran 5.Vanitha 6.Vijalakshmi 7.Sarashwathi ... Respondents 1 to 7/Respondents 8.N.Petchiyammal 9.Amutha 10.Jaya 11.Santha ... Respondents 8 to 11/Proposed Respondents 8 to 11/Lrs of deceased 2nd Respondent For Petitioner(s):

Mr.H.Arumugam Mr.N.Vignesh Mr.R.Janaki For Respondent(s):

ORDER

These petitions have been filed to condone the delay of 2922 days caused in 1/3

filing the petition to set aside the abatement caused on the death of 2nd respondent namely Natarajan in the second appeal, to set aside the abatement and to bring his legal heirs on record.

2.When the matter is taken up for hearing, it is noted that inadvertently these petitions have been filed in the appeal suit namely A.S.(MD)No.218 of 2015, which was dismissed for default in respect of the respondents 2 to 7. But, it has to be filed in the restoration petition.

3.In view of the same, the learned counsel for the petitioners seeks permission of this Court to file the petitions to bring the legal heirs of the 2nd respondent in restoration petition.

4.The said request is accepted by this Court. The petitioner is directed to file the petitions to bring the legal heirs of the 2nd respondent in restoration petition namely C.M.P.(MD).No.10190 of 2023.

5.With the above said direction, these petitions are disposed of. sd/- 25/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

tm TO THE IV ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

ORDER

IN CMP(MD) NOs. 9373, 9374 & 9375 of 2025 IN Date :25/06/2025 NBF/30.06.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3