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Madras High CourtCMP/1957/2009allowed

Era Ganesan Deceased v. Mr.V.Shanmuguam Died

2019-07-30Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMP.Nos.1957, 1958 & 1959 of 2009 and CMP.No.19148 of 2005 in SA.No.2259 of 2003 RMT.TEEKAA RAMAN,J., CMP.No.1957 of 2009 has been filed to condone the delay of 355 days in filing an application to set aside the abatement caused due to the death of the sole Appellant/Era.Ganeasan in the second appeal. CMP.No.1958 of 2009 has been filed to set aside the abatement caused due to the death of the sole Appellant/Era.Ganeasan in the above second appeal. CMP.No.1959 of 2009 has been filed to bring on record the legal heirs of the sole Appellant/Era.Ganeasan as Appellants 2 to 4 and respondents 8 & 9 and arranged them, in both the main appeal and in CMP.No.21315 of 2003. 2.CMP.No.19148 of 2005 has been filed to bring the respondents 4 to 6 on record as the LR's of the deceased first respondent in the second appeal and array them as respondents 5, 6 and 7 in the appeal.

3.The factum of the death of the sole Appellant/Era.Ganeasan in the appeal in S.A.No.2259 of 2003 as their legal representatives are not in dispute. 4.Though the notice served to the proposed respondents 2 to 5, none appeared on behalf of them and being satisfied with the reasons stated in the affidavit filed in support of these applications, in the interest of justice, all these applications are allowed.

Registry is directed to carry out the necessary amendment in the cause title. 30.07.2019 (1⁄2) klt http://www.judis.nic.in RMT.TEEKAA RAMAN,J.,

klt CMP.Nos.1957, 1958 & 1959 of 2009 and CMP.No.19148 of 2005 in SA.No.2259 of 2003 30.07.2019 (1⁄2) http://www.judis.nic.in