Smt.Ramakkal (Died) v. V.V.Palanisamy

CMP.Nos.4765, 4767 and 4771 of 2022 in S.A.No.1067 of 2014 KRISHNAN RAMASAMY.J., These petitions have been filed, praying (i) to condone the delay of 800 days in filing the petition to bring the legal heirs of the deceased 2nd appellant in the above Second Appeal, (ii) to permit the petitioners/appellants to bring on record the proposed appellants 12 & 13 as the legal heirs of the deceased 2nd appellant in the above second appeal and (iii) to set aside the order of abatement caused due to the death of the 2nd appellant., respectively.

2. Heard, Mr.L.Dhamodharan, learned counsel for the petitioners/appellants and Mr.A.E.Ravichandran, learned counsel for the first respondent and Mr.R.Rajarajan, learned counsel for the respondents 9 & 10. Despite service of notice, none appeared for the other respondents. 3.The learned counsel for the petitioners /appellants has submitted that they were not able to get the details of the Legal heirs of the 2nd appellant in time and thereby, the delay had occurred. It is also reported

that R2 had passed away and his LRs were already impleaded as respondents 9 & 10.

4.The learned counsel for the respondents 1, 9 & 10 has reported no objection in allowing these petitions.

5. Therefore, in view of the submission made by the learned counsel for the petitioners/appellants and considering the averments made in the affidavits filed in support of the respective petitions and also no objection was reported by the learned counsel for the respondents 1, 9 & 10 and in the interest of justice, these petitions are allowed. 6.Registry is directed to carry out necessary amendment in the cause title within a period of two weeks and post the second appeal for final hearing on 28.02.2023.

28.11.2022 dn

KRISHNAN RAMASAMY.J., dn CMP.Nos.4765, 4771 & 4767 of 2022 in S.A.No.1067 of 2014 28.11.2022