Raju Naicker v. Ramamurthi (Died)

CMP.Nos.16373 to 16375 of 2016 & S.A.No.556 of 2002 KRISHNAN RAMASAMY.J., These petitions have been filed praying (i) to condone the delay of 1478 days in filing the petition to set aside the abatement caused due to the death of the deceased first respondent namely Ramamurthy, in the above Second Appeal, (ii) to set aside the abatement caused due to the death of the deceased first respondent namely Ramamurthy in the above second appeal, (iii) to permit the petitioner/appellant to bring on record the proposed respondents 3 & 4 herein as the legal heirs of the deceased first respondent namely Ramamurthy, in the above appeal and rank them as respondents 3 & 4 in the above second appeal, respectively. 2.Heard Mr.J.Ramakrishnan, the learned counsel for the petitioner/appellant. It is seen that the private notice taken to the third respondent returned with a postal endorsement that "refused''. The fourth respondent died and steps have been taken to bring on record his legal representatives.

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KRISHNAN RAMASAMY.J., dn 3.Therefore, considering the averments made in the affidavits filed in support of the respective petitions and in view of the fact that the appeal is pending from the year 2002, and in the interest of justice, this Court is inclined to allow these petitions.

4.Accordingly, these petitions are allowed. Registry is directed to carry out necessary amendment in the cause title within a period of two weeks and list the Second Appeal on 19.12.2022. 20.10.2022 dn CMP.Nos.16373 to 16375 of 2016 & S.A.No.556 of 2002 https://www.mhc.tn.gov.in/judis