Devaki v. Sasikala

ORDER (Order of the Court was made by N.Sathish Kumar J.) These petitions have been filed to condone the delay of 138 days in filing an application to set aside the abatement caused due to the death of the 2nd respondent/Mogana in A.S.No.130 of 2013; to set aside the abatement; and to bring on record the legal representatives of the deceased 2nd respondent/Mogana.

2.Since the notice to the proposed respondents/legal heirs of the deceased 2nd respondent, returned unserved, this Court, by order dated 12.04.2023, permitted the petitioners to file a petition for substituted service. Accordingly, C.M.P.No.11734 of 2023 was filed by the petitioners to take substituted service. The said petition was ordered on 07.06.2023.

3.Now, it is seen from records that the petitioner has made a paper publication in a Tamil daily on 16.06.2023 and therefore, the substituted service on the proposed legal heirs of the deceased 2nd respondent/Mogana is complete. Though their names are printed in the cause list, there is no representation of __________Page 4 of 5 their behalf. The learned counsel for the 1st respondent/1st plaintiff has no serious objections for allowing these petitions.

4.Therefore, considering the averments made in the affidavit filed in support of these petitions, these petitions are ordered. Registry is directed to carry out necessary amendment in the cause title. (N.S.K.,J.) (M.J.R.,J.) 07-07-2026 MKN To The I Additional District Judge, Cuddalore. CMPoNo.o21871oofo2022 N.SATHISHoKUMARoJ. AND M.JOTHIRAMANoJ. MKN CMPoNo.o21871oofo2022,o CMPoNO.o21872oOFo2022, CMPoNO.o21873oOFo2022 AND ASoNO.o130oOFo2013 07-07-2026 __________Pageo5oofo5

CMPoNo.o21871oofo2022 INoTHEoHIGHoCOURToOFoJUDICATUREoAToMADRAS DATED:o07-07-2026 CORAM THEoHON'BLEoMRoJUSTICEoN.oSATHISHoKUMAR AND THEoHON'BLEoMR.JUSTICEoM.JOTHIRAMAN CMPoNo.o21871oofo2022,oCMPoNO.o21872oOFo2022, CMPoNO.o21873oOFo2022 AND ASoNO.o130oOFo2013 1. Devaki 2. Dakshinamoorthy ..Petitioner(s) Vs 1. Sasikala 2. Mogan(Died) 3. Revathi(Died) 4. Gopinath Proprietor,oIndianoOiloCorporationoBunk,o CampoRoad,oSelaiyur,o (NearoBharathoUniversity)oTambaram. 5. S.Gayathri 6. S.Harishshankar 7. Shanmugham 8. Senthilvel ..Respondent(s) ASoNo.o130oofo2013 1. Devaki 2. Dakshinamoorthy ..Appellant(s) Vs 1. Sasikala 2. Mogana 3. Revathio(died)o 4. Gopinath __________Pageo1oofo5 __________Page 2 of 5 Proprietor, Indian Oil Corp Bunk, Camp Rd, Selaiyur, Near Bharath University, Tambaram. 5. Senthilvel [R3 Died, R5 brought on record as LR of deceased 3rd respondent viz., Revathi, Vide Order Of Court Dated 01/03/2023 Made In CMP.Nos.21843, 21844 and 21845 of 2022 in AS.No.130 of 2013] ..Respondent(s) To condone the delay of 138 days in filing the application to set aside the abatement caused due to the death of the 2nd respondent/Mogana in the above appeal A.S.130/2013. CMP No. 21872 of 2022 To set aside the abatement that caused due to the death of the 2nd respondent/Mogana in the above appeal A.S.No.130/2013. CMP No. 21873 of 2022 To permit the petitioner to bring on record the proposed parties/ respondents 5 to 7 as Legal representatives of the deceased 2nd respondent/Mogana in the above appeal A.S.No.130/2013. AS No. 130 of 2013 Appeal Suit filed under Section 96 of the Code of Civil Procedure against the judgment and decree passed by the I Additional District Judge, Cuddalore, in O.S.No.34 of 2011, dated 17.12.2012. __________Page 3 of 5 For Petitioner(s): Mr.D.Baskar For Respondent(s): Mr.L.Leela Raman for Mr.T.M.Hariharan for R1