T.M.Sakthivel (Died), S.Rajakumar v. Ramasamy

C.M.P.Nos.1881, 1884 and 1885 of 2024 in S.A.No.1093 of 2012 G.ARUL MURUGAN , J., It is reported that the sole appellant in the appeal died.

2. The above petitions have been filed to condone the delay of 1710 days in filing the petition; to set aside the abatement and to bring the petitioner/proposed party on record as legal representative of the deceased appellant.

3. The petitioner has filed the affidavit stating that sole appellant/father died on 10.12.2018 leaving behind his wife and daughter Ramyadevi and the petitioner who are the legal heirs. The petitioner's mother died on 17.12.2021 and the sister/Ramyadevi has executed a settlement deed dated 04.05.2022 in respect of the suit properties in the name of the petitioner. Hence he has come up with the petition to substitute himself as the legal heir of the sole appellant.

4. Learned counsel for the respondent has no serious objection except the length of the delay.

5. Perused the affidavit and satisfied with the reasons stated therein. Accordingly these CMPs are ordered as prayed for and delay is condoned.

6. Registry is directed to carry out the necessary amendment.

https://www.mhc.tn.gov.in/judis 31.01.2024 (1/2) mpa