Murugesan v. Rajendran

CMP.Nos.6503, 6507 and 6509 of 2023 in AS.No.349 of 2011 S.S.SUNDAR , J.

and P.B.BALAJI, J.

These applications are filed to condone the delay of 210 days in filing the petition to set aside the abatement caused due to the death of the fourth appellant, set aside the abatement and bring on record the legal heirs of the deceased fourth appellant.

2. This Court, vide order dated 20.03.2023, permitted the petitioner to take notice to the respondents 10 to 13 through Court as well as privately. The tenth respondent was served on 22.03.2023 and the respondents 11 to 13 refused to receive the notice. Notice sent through Court is yet to be served.

3. Considering the fact that these petitions are filed by the other appellants and dismissal of the appeal against the fourth appellant will cause serious prejudice to the appellants, these petitions are ordered.

4. Registry is directed to carry out necessary amendment in the cause title. Issue fresh notice to the Legal Heirs of the fourth appellant, who are brought on record as respondents 10 to 13.

(S.S.S.R.J.,) (P.B.B.J.,) 26.04.2023 pvs https://www.mhc.tn.gov.in/judis Page No.1/2

S.S.SUNDAR , J.

and P.B.BALAJI, J.

pvs CMP.Nos.6503, 6507 and 6509 of 2023 in AS.No.349 of 2011 26.04.2023 https://www.mhc.tn.gov.in/judis Page No.2/2