T.Manicka Naicker v. Mumtaj Bi (Died)

C.M.P.Nos.10855, 10856 & 10857 of 2016 in S.A.No.868 of 2008 C.M.P.Nos.10855, 10856 & 10857 of 2016 in S.A.No.868 of 2008 R. HEMALATHA, J.

These petitions are filed (i) to condone the delay of 117 days in filing the petition to set-aside the order of abatement caused due to the death of first respondent, (ii) to set-aside the order of abatement caused due to the death of the first respondent, (iii) to bring on record the respondents 4 to 6 herein as the legal representatives of the deceased first respondent and rank them as respondents 5 to 7 in S.A. No.868 of 2008, 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.868 of 2008 and list the matter for final hearing after four weeks.

03.04.2023 (1/2) bga https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.10855, 10856 & 10857 of 2016 in S.A.No.868 of 2008 R. HEMALATHA, J.

bga C.M.P.Nos.10855, 10856 & 10857 of 2016 in S.A.No.868 of 2008 03.04.2023 (1/2) https://www.mhc.tn.gov.in/judis 2/2