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Madras High CourtCMP/6437/2018allowed

Iyyayiram v. Govt Of Tamil Nadu

2022-10-28Honourable Ms. Justice P.T. Asha3 pages

& C.M.P.Nos.10002, 10003 & 10005 of 2022 & C.M.P.Nos.850 & 851 of 2017 in S.A.No.58 of 2017 P.T.Asha, J.

C.M.P.No.6437 of 2018:

The above petition is filed to bring on record the 13th and 14th respondents as the legal heirs of the deceased 11th respondent as the 13th and 14th respondents in the above Second Appeal. The above petition has been filed without any delay. Therefore, the same is ordered as prayed for.

2. However, without noticing the earlier application filed, the petitioner has filed yet another application for bringing on record the legal heirs of the deceased 11th respondent with a delay and had therefore taken out three applications, which are as follows: 1/3

(i) C.M.P.No.1002 of 2022 is filed to condone the delay of 1437 days in seeking to set aside the abatement caused due to the death of the 11th respondent.

(ii) C.M.P.No.1003 of 2022 is filed to set aside the abatement caused due to the death of the 11th respondent. (iii) C.M.P.No.1005 of 2022 is filed to bring on record the 13th and 14th respondents as the legal heirs of the deceased 11th respondent as the 13th and 14th respondents in the above Second Appeal.

3. Considering the fact that C.M.P.No.6437 of 2018 has been ordered, no orders are requied to be passed in these petitions. Consequently, these petitions, namely, C.M.P.Nos.10002, 10003 & 10005 of 2022 are dismissed as infructuous.

4. The Registry is directed to carryout necessary amendment and post the matter on 14.11.2022.

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P.T.Asha, J.

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