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Madras High CourtCMP(MD)/18754/2024allowed

Gobal, (Died). 1. Saraswathi (Died), v. Yogeswaran,

2025-08-28Honourable Dr.Justice A.D.Maria Clete3 pages

C.M.P.(MD)Nos.18754, 18755 & 18756 of 2024 in S.A.(MD)No.173 of 2021 DR.JUSTICE A.D.MARIA CLETE, J.

These petitions are taken up together. The petitioner seeks (i) to condone the delay of 755 days in filing an application, (ii) to set aside the abatement caused due to the death of the 3rd respondent /Muthusamy, and (iii) to bring on record the respondents 9 to 12 as legal representatives of the deceased third respondent Muthusamy.

2. Heard.

3. There is no serious objections raised on the side of the respondents. The reasons assigned in the affidavits, namely, it is informed by a memo dated 25.07.2022 that the 3rd respondent Muthusamy died on 25.07.2021 leaving behind the respondents 9 to 12 as his legal heirs, are accepted as constituting sufficient cause for the delay and hence delay is accordingly condoned.

4. In view of the above, the delay of 755 days in filing the application is condoned. The abatement is set aside. The petition to bring on record the legal representatives is also allowed. The legal representatives of the deceased third 1/3

respondent, namely, Muthusamy, are brought on record as respondents 9 to 12 in the main proceeding. Registry to carry out necessary amendment. No costs. 22.08.2025 LS 2/3

DR.

A.D.MARIA CLETE, J.

LS C.M.P.(MD)Nos.18754, 18755 & 18756 of 2024 in S.A.(MD)No.173 of 2021 28.08.2025 3/3