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Madras High CourtCMP/1571/2022allowed

Sivagami W/O Chinnakannu v. Desammal (Deceased)

2024-06-13Honourable Mr Justice R. Subramanian,Honourable Mr.Justice R.Sakthivel2 pages

C.M.P.Nos.1571, 1572 & 1576 of 2022 in A.S.No.527 of 2019 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

These petitions have been filed seeking to condone the delay delay of 1577 days in filing the petition to set aside the abatement caused due to the death of the 2nd respondent, to set aside the abatement and to bring on record the respondents 7 to 9 as legal representatives of the deceased 2nd respondent and rank them as respondents 7 to 9 in the appeal.

2. The respondents 7 and 9 have been served through Court. The 8th respondent has refused private notice sent to him. In view of the same, service is deemed complete.

3. Accepting the reasons assigned in the affidavits filed in support of the petitions, these petitions are allowed and the delay of 1577 days in filing the petition for setting aside the abatement is condoned, the abatement is set aside and the respondents 7 to 9 are brought on record as the legal representatives of the deceased 2nd respondent and are ranked as respondents 7 to 9 in the appeal.

4. The Registry is directed to carryout the amendment and issue notice to the newly added parties in the appeal. (R.S.M., J.) (R.S.V., J.) 13.06.2024 dsa https://www.mhc.tn.gov.in/judis 1/2

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

dsa C.M.P.Nos.1571, 1572 & 1576 of 2022 in A.S.No.527 of 2019 13.06.2024 https://www.mhc.tn.gov.in/judis 2/2