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Madras High CourtCMP/779/2023allowed

Kulandai Marie v. Marie Rock Emile Vangamudiar (Died)

2023-02-07Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.779, 780 & 781 of 2023 in S.A.No.226 of 2007 C.M.P.Nos.779, 780 & 781 of 2023 in S.A.No.226 of 2007 R. HEMALATHA, J.

These petitions are filed (i)under Section 5 of the Limitation Act, to condone the delay of 164 days in filing the petition to set-aside the order of the abatement caused due to the death of the 2nd appellant (ii) to setaside the order of the abatement caused due to the death of the 2nd appellant (iii) to bring on record the petitioners 4 to 7 herein as the legal representatives of the deceased 2nd appellant and rank them as appellants 4 to 7 in S.A. No.226 of 2007, 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.226 of 2007 and list the matter after four weeks. 07.02.2023 bga https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.779, 780 & 781 of 2023 in S.A.No.226 of 2007 R. HEMALATHA, J.

bga C.M.P.Nos.779, 780 & 781 of 2023 in S.A.No.226 of 2007 07.02.2023 https://www.mhc.tn.gov.in/judis 2/2