Madras High CourtCMP/463/2012allowed

Subamani (Deceaed) v. 1. Murugan

2022-09-21Honourable Mr Justice Krishnan Ramasamy2 pages

C.M.P.Nos.463 to 468 of 2012 and 554 of 2012 C.M.P.Nos.463 to 468 of 2012 and 554 of 2012 in S.A.No.154 of 2001 KRISHNAN RAMASAMY, J., C.M.P.No.463 of 2012 has been filed to condone the delay of 2424 days in filing the petition to set aside the abatement caused due to the death of the first appellant in the above Second Appeal.

2. C.M.P.No.464 of 2012 has been filed to set aside the abatement caused due to the death of first appellant in the above Second Appeal.

3. C.M.P.No.465 of 2012 has been filed to bring on record the proposed petitioners herein, as the legal representatives in the place of the deceased first appellant and rank them as appellants 3 to 6 in the above Second Appeal.

4. C.M.P.No.466 of 2012 has been filed to condone the delay of 2758 days in filing the petition to set aside the abatement caused due to the death of the fourth respondent in the above Second Appeal.

5. C.M.P.No.467 of 2012 has been filed to set aside the abatement caused due to the death of fourth respondent in the above Second Appeal.

6. C.M.P.No.468 of 2012 has been filed to bring on record the proposed petitioners herein as the legal representatives in the place of the deceased fourth respondent and rank them as respondents 5 to 13 in the above Second Appeal.

7. C.M.P.No.554 of 2012 has been filed to set aside the order in S.A.No.154 https://www.mhc.tn.gov.in/judis of 2001 which was dismissed for default on 25.06.2012 and restore the same.

C.M.P.Nos.463 to 468 of 2012 and 554 of 2012 KRISHNAN RAMASAMY, J., gbi

8. Heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondents.

9. Mr.R.Karthikeyan, learned counsel appearing for the respondents submitted that he has no objection for ordering these petitions.

10. Being satisfied with the reasons stated in the affidavit filed in support of these petitions, in C.M.P.Nos.463 to 468 of 2012 and 554 of 2012 are ordered.

11. Registry is directed to carry out necessary amendment in S.A.No.154 of 2001 within a week. After carrying out the amendments, issue notice to the newly impleaded appellants as well as newly impleaded respondents returnable by 14.11.2022. Private notice is also permitted.

12. Post the matter on 14.11.2022 for hearing. 21.09.2022 gbi C.M.P.Nos.463 to 468 of 2012 and 554 of 2012 in S.A.No.154 of 2001 https://www.mhc.tn.gov.in/judis