A NO. 1439 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2025 CORAM THE HONOURABLE MR JUSTICE K.KUMARESH BABU A Nos. 1439, 1449 & 1441 of 2025 in OP NO. 679 OF 2024 D.Kumaran and 3 others S/o.Late Duraisamy Desigar, Old No.92, New No.6, South Mada Street, Thiruvanmiyur, Chennai - 41. D.Gopi (Deceased) S/o.Late Duraisamy Desigar and 3 Others Applicant(s) Vs D.Davamani (Deceased) 1.S.Chitra and another W/o.M.Srinivasan, 18-3, Iyyanar Koil Street, Mayiladuturai - 609001, Nagapattinam District. and another Respondent(s) OP NO. 679 of 2024 D.Kumaran and Another S/o.Late Duraisamy Desigar, Old No.92, New No.6, South Mada Street, Thiruvanmiyur, Chennai - 41. and another Applicant(s) Vs D.Davamani and 2 Others W/o.Late Duraisamy Desigar, Old No.92, New No.6, South Mada Street, Thiruvanmiyur, Chennai - 41. and 2 Others Respondent(s) A NO. 1440 of 2025 D.Kumaran and 3 others https://www.mhc.tn.gov.in/judis S/o.Late Duraisamy Desigar, Old No.92, New No.6, South Mada Street, Thiruvanmiyur, Chennai - 41. and 3 Others Applicant(s) Vs D.Davamani (Deceased) 1.S.Chitra and another W/o.M.Srinivasan, 18-3, Iyyanar Koil Street, Mayiladuturai - 609001, Nagapattinam District. and another Respondent(s) A NO. 1441 of 2025 D.Kumaran and 3 others S/o.Late Duraisamy Desigar, Old No.92, New No.6, South Mada Street, Thiruvanmiyur, Chennai - 41. and 3 Others Applicant(s) Vs D.Davamani (Deceased) 1.S.Chitra and another W/o.M.Srinivasan, 18-3, Iyyanar Koil Street, Mayiladuturai - 609001, Nagapattinam District. and another Respondent(s) A NO. 1439 of 2025 For Applicant(s): M/s.A.ARUN BABU R.M.Pradeepan H.Rahul For Respondent(s): OP NO. 679 of 2024 For Applicant(s): R1-court Notice-return/unserved-(no More)Cn-r2-served On 05/01/2025Cn-r3-served On 19/12/2024 For Respondent(s): R2- S.CHITHRA W/o.M.Srinivasan, 18-3, Iyyanar Koil Street, Mayiladuturai - 609001, Nagapattinam District. R3-V.UMA MAGESWARY W/o.B.Veeraragavan, Plot https://www.mhc.tn.gov.in/judis No.49, Pallavan Thiru Nagar, Mel Nallathu (Post), Tiruvallur - 602002. A NO. 1440 of 2025 For Applicant(s): A.Arunbabu M/s.A.ARUNBABU R.M.Pradeepan H.Rahul For Respondent(s): A NO. 1441 of 2025 For Applicant(s): A.Arunbabu M/s.A.ARUNBABU R.M.Pradeepan H.Rahul For Respondent(s): COMMON ORDER Considering the averments made in the applications and having been satisfied with the reasons stated therein and also taking into consideration that the present applications had been filed by the applicants contending that they are the legal heirs of the second petitioner, the applications in A.Nos.1439, 1449 & 1441 of 2025 in O.P.No.679 of 2025 are ordered as prayed for. 2. The delay of 2754 days in setting aside abatement caused due to the death of D.Gopi, the 2nd petitioner in the main original petition is condoned and the abatement caused by the death of D.Gopi is set aside and https://www.mhc.tn.gov.in/judis Ms.G.Dhanalakshmi, Mr.Diwakar and Mr.G.Viswanathan shall be impleaded as petitioners. 3. Further, a memo has also been filed indicating that the first respondent herein had also died on 07.10.2015, leaving behind the first petitioner herein, second petitioner, legal heirs of the deceased second petitioner (who are now impleaded as petitioners), the second respondent and the third respondent in the original petition are the legal heirs of the deceased first respondent. 4. The said memo is also taken on record. Hence, this Court is of the view that there is no necessity to implead the legal heirs as party respondent in the present petition. 25-03-2025 kak Note: Registry is directed to carry out the necessary amendments. A NO. 1439 of 2025 To 1. D.Davamani (Deceased) 1.S.Chitra and another W/o.M.Srinivasan, 18-3, Iyyanar Koil Street, Mayiladuturai - 609001, Nagapattinam District. 2. V.Uma Mageswary W/o.B.Veeraragavan, Plot No.49, Pallavan Thiru Nagar, Mel Nallathu (Post), Tiruvallur - 602002. OP NO. 679 of 2024 https://www.mhc.tn.gov.in/judis 1. D.Davamani and 2 Others W/o.Late Duraisamy Desigar, Old No.92, New No.6, South Mada Street, Thiruvanmiyur, Chennai - 41. 2. S.Chithra W/o.M.Srinivasan, 18-3, Iyyanar Koil Street, Mayiladuturai - 609001, Nagapattinam District. 3. V.Uma Mageswary W/o.B.Veeraragavan, Plot No.49, Pallavan Thiru Nagar, Mel Nallathu (Post), Tiruvallur - 602002. A NO. 1440 of 2025 1. D.Davamani (Deceased) 1.S.Chitra and another W/o.M.Srinivasan, 18-3, Iyyanar Koil Street, Mayiladuturai - 609001, Nagapattinam District. 2. V.Uma Mageswary W/o.B.Veeraragavan, Plot No.49, Pallavan Thiru Nagar, Mel Nallathu (Post), Tiruvallur - 602002. A NO. 1441 of 2025 1. D.Davamani (Deceased) 1.S.Chitra and another W/o.M.Srinivasan, 18-3, Iyyanar Koil Street, Mayiladuturai - 609001, Nagapattinam District. 2. V.Uma Mageswary W/o.B.Veeraragavan, Plot No.49, Pallavan Thiru Nagar, Mel Nallathu (Post), Tiruvallur - 602002. https://www.mhc.tn.gov.in/judis