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Madras High CourtA/1473/2022delay condoned

M.B.Buhari (Since Deceased) 1.Meeral Buhari And 3 Others v. Parisha And 9 Others

2022-04-07Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

A.Nos.1473, 1474, 1475, 1477, 1478 and 1479 of 2022 in C.S.No.273 of 2010 and C.S.No.49 of 1995 V. BHAVANI SUBBAROYAN, J.

Application No.1473 of 2022 has been filed to condone the delay of 4932 days in filing the application to set aside the abatement of the deceased 2nd defendant namely Zameela in C.S.No.49 of 1995. 2.Application No.1474 of 2022 has been filed to condone the delay of 2549 days in filing the application to set aside the abatement of the deceased plaintiff namely M.B.Buhari in C.S.No.49 of 1995. 3.Application No.1475 of 2022 has been filed to bring on record the 1st to 4th applicants as plaintiffs and 7th to 10th respondents as the 7th to 10th defendants as the legal representatives of the deceased plaintiff namely M.B.Buhari in C.S.No.49 of 1995.

4.Application No.1477 of 2022 has been filed to bring on record the 4th to 6th respondents as legal representatives of the deceased 2nd defendant namely Zameela as 4th to 6th defendant in C.S.No.49 of 1995. 1/4

5.Application No.1478 of 2022 has been filed to set aside the abatement due to the death of the deceased 2nd defendant namely Zameela in C.S.No.49 of 1995.

6.Application No.1479 of 2022 has been filed to set aside the abatement due to the death of the deceased sole plaintiff namely M.B.Buhari in C.S.No.49 of 1995.

7.Heard Mr.K.Mohanamurali, learned counsel for the applicants and Mr.M.K.Hidayatullah, learned counsel for the respondents. 8.Learned counsel for the respondents has no serious objection in allowing these applications.

9.Having satisfied with the reasons stated in these affidavits filed in support of these applications and considering the submission made by the learned counsel for the applicants, this Court is inclined to allow these Applications. Accordingly, Applications Nos.1475, 1477, 1478 and 1479 of 2022 are allowed. Application No.1473 of 2022 and Application No.1474 of 2/4

2022 are allowed only on payment of cost of Rs.2,000/- each for A.No.1473 of 2022 and A.No.1474 of 2022 to be paid to the Advocate Clerks Association on or before 21.04.2022, failing which, these applications would be stand dismissed automatically without any further reference to this Court. 10.Learned counsel for the plaintiff is directed to carry out the necessary amendment.

11.For Reporting Compliance, post the matter on 22.04.2022. 07.04.2022 pam 3/4

V. BHAVANI SUBBAROYAN, J.

Pam A.Nos.1473, 1474, 1475, 1477, 1478 and 1479 of 2022 in C.S.No.273 of 2010 and C.S.No.49 of 1995 07.04.2022 4/4