Madras High CourtCMP/705/2010allowed

Ponnusamy Chettiar v. Poologa Chettiar Died

2019-07-31Honourable Mr Justice Rmt. Teekaa Raman4 pages

CMP.Nos.705 to 711 of 2010 and CMP.Nos.447, 449 & 452 of 2012 and CMP.Nos.2580 to 2582 of 2007 in SA.No.859 of 1995 RMT.TEEKAA RAMAN,J., CMP.No.705 of 2010 has been filed to condone the delay of 2008 days in filing an application to set aside the abatement caused due to the death of the second respondent/Thangarasu Chettiar CMP No.706 of 2010 has been filed to set aside the abatement caused due to the death of the second respondent/ Thangarasu Chettiar in the above second appeal. CMP.No.707 of 2010 has been filed to bring on record the legal heirs of the second respondent/ Thangarasu Chettiar as respondents 11 to 14 in the appeal. 2.CMP.No.

708 of 2010 has been filed to bring on record the proposed 15th respondent as legal heirs of the third respondent/Ramasami Chettiar in the appeal and rank him as 15th respondent in the above second appeal. 3.CMP.No.709 of 2010 has been filed to condone the delay of 4535 days in filing an application to set aside the abatement caused due to the death of the fourth respondent/Panduranga Chettiar CMP No.710 of 2010 has been filed to set aside the abatement caused due to the death of the fourth respondent/ Panduranga Chettiar in the above second appeal. CMP.No.

legal heirs of the fourth respondent/ Panduranga Chettiar as respondents 16 to 21 in the appeal.

4.CMP.No.447 of 2019 has been filed to set aside the abatement caused due to the death of the sole appellant/ Ponnusamy Chettiar in the above second appeal. CMP.No.449 of 2019 has been filed to bring on record the legal heirs of the sole appellant/ Ponnusamy Chettiar as proposed appellants 2 to 10 in the appeal. CMP.No.452 of 2019 has been filed to condone the delay of 2115 days in filing an application to set aside the abatement caused due to the death of the sole appellant/ Ponnusamy Chettiar.

5.CMP.No.2580 of 2007 has been filed to condone the delay of 93 days in filing an application to bring the legal heirs of the first respondent/ Poologa Chettiar CMP No.2581 of 2007 has been filed to set aside the abatement caused due to the death of the first respondent/ Poologa Chettiar in the above second appeal. CMP.No.2582 of 2007 has been filed to bring on record the legal heirs of the first respondent/ Poologa Chettiar as proposed respondents 4 to 9 and rank them as respondents 5 to 10 in the appeal.

6.Heard both sides. The factum of the death of the sole appellant and respondents 1 to 4 in the appeal in S.A.No.859 of 1995 as their legal representatives are not in dispute.

7.Considering the submissions made on behalf of the learned counsel for the applicants 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.

8.Registry is directed to carry out the necessary amendment in the cause title.

31.07.2019 vkr (2/2)

RMT.TEEKAA RAMAN,J., vkr CMP.Nos.705 to 711 of 2010 and CMP.Nos.447, 449 & 452 of 2012 and CMP.Nos.2580 to 2582 of 2007 in SA.No.859 of 1995 31.07.2019 (2/2)