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Madras High CourtCMP/608/2022allowed

A.S.Kandasamy v. The Executive Officer

2022-02-14Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.608, 609 & 610 of 2022 in S.A.No.99 of 2010 C.M.P.Nos.608, 609 & 610 of 2022 in S.A.No.99 of 2010 R. HEMALATHA, J.

These petitions are filed (i)under Section 5 of the Limitation Act, to condone the delay of 278 days in filing the petition to set-aside the order of the abatement caused due to the death of the second respondent (ii) to set-aside the order of the abatement caused due to the death of the second respondent (iii) to bring on record the legal heirs of the deceased second respondent and as fourth respondent in C.M.P.No.10915 of 2020 in the above appeal, respectively.

2.The learned counsel for the respondents did not raise any serious objection and this Court is satisfied with the reasons assigned in the affidavit filed in support of these petitions. Hence, these petitions are allowed.

3.The Registry is directed to carryout necessary amendments in the Second Appeal No.99 of 2010 and list the matter for final hearing on 08.03.2022.

14.02.2022 mtl https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.608, 609 & 610 of 2022 in S.A.No.99 of 2010 R. HEMALATHA, J.

mtl C.M.P.Nos.608, 609 & 610 of 2022 in S.A.No.99 of 2010 14.02.2022 https://www.mhc.tn.gov.in/judis 2/2