Ramachandran v. Nagabooshanammal

C.M.P.Nos. 12110, 12111 & 12114 of 2022 in S.A. No. 787 of 2018 T.V. THAMILSELVI, J.

These petitions are filed seeking to condone the delay of 1768 days in setting aside the abatement, to set aside the abatement caused due to the death of 2nd appellant, and to bring on record the proposed appellants 3 to 6 herein as legal representatives of deceased 2nd appellant. 2.

Mr.V.Lakshminarayanan, learned counsel for petitioners/appellants submitted that pending appeal, 2nd appellant died on 27.11.2014 and only because of unaware of proceedings and the procedure of the court for the 1st appellant to implead legal heirs of 2nd appellant, the delay was occurred. He would also submit that the delay is neither willful nor wanton. Hence, he has filed the above petitions.

3. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit, all the petitions are allowed. The proposed legal representatives of the 2nd appellant are impleaded as appellants 3 to 6 in the above Second Appeal.

4. The Registry is directed to carry out the necessary amendment in the cause title and post the matter on 05.08.2022. 26.07.2022 rpp (2/2) https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 12110, 12111 & 12114 of 2022 in S.A. No. 787 of 2013 26.07.2022 (2/2) https://www.mhc.tn.gov.in/judis