Mandiriappan v. Palanthal

CMP Nos.3023, 3021 and 3018 of 2019 in AS No.390 of 2017 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

(Order of the Court was made by R.SUBRAMANIAN, J.) These petitions have been filed seeking to condone the delay of 151 days in filing the petition to set aside the abatement caused by the death of the third respondent, to set aside the abatement caused by the death of the third respondent and to bring on record the respondents 7 and 8 herein as the legal representatives of the deceased third respondent and ranked them as respondents 7 and 8 in the Appeal.

2. Notice to the respondents 7 and 8 was ordered on 22.04.2024. The Court notice has been returned as 'unclaimed'. Service is deemed sufficient.

3. Accepting the reasons assigned in the affidavits filed in support of these petitions, all these petitions are ordered. The delay of 151 days in seeking to set aside the abatement is condoned, the abatement caused by the death of the third respondent is set aside and the respondents 7 and 8 are brought on record as the legal representatives of the deceased third respondent and are ranked as respondents 7 and 8 in the appeal.

https://www.mhc.tn.gov.in/judis 1/2

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

4. Registry is directed to carry out the necessary amendment in the Appeal and also issue notice to respondents 7 and 8, for the hearing of the Appeal on 12.08.2024. Private notice is also permitted. Batta to be paid by 12.07.2024. [R.S.M., J.] [R.S.V., J.] 09.07.2024 jv CMP Nos.3023, 3021 and 3018 of 2019 in AS No.390 of 2017 1/2 https://www.mhc.tn.gov.in/judis 2/2