Arumuga Pillai v. Ponnuswamy (Died)

in S.A.No.812 of 2010 C.V.KARTHIKEYAN,J.

These applications have been filed to condone the delay of 284 days in filing the petition to set aside abatement caused due to the death of 1st respondent in the above second appeal, to set aside the abatement caused due to the death of 1st respondent in the above second appeal and to bring on record the respondents 3 to 6 herein as the legal heirs of the deceased 1st respondent and rank them as respondents 3, 4, 5 and 6 in the above second appeal respectively.

2.These applications have been filed consequent to the death of the first respondent. In the affidavit filed in support of the said applications, it had been stated that since the parties had engaged in settlement talks, they had to await the sitting of Lok Adalat. However, settlement could not be reached and in the meanwhile, there was delay in filing the applications. Notice had been directed to the respondents and Vakalat had been filed for 3rd, 4th and 5th respondents. Notice to 6th respondent 1/3

had been returned as 'not residing at present'. However, notice had been issued. Therefore, in view of the reasons stated, I would allow the abovesaid three applications.

3.Accordingly, all the three applications are allowed. sli 30.06.2022 (1/2) 2/3

C.V.KARTHIKEYAN,J.

sli in S.A.No.812 of 2010 (1/2) 30.06.2022 3/3