Appu (Died) v. Perumal (Died)

C.M.P.Nos.6750, 6835, 6839 and 6841 of 2023 in S.A.No.1238 of 2005 V.LAKSHMINARAYANAN.J., C.M.P.No.6750 of 2023 has been filed to condone the delay of 227 days in setting aside the abatement caused due to the death of the 1st Appellant, Appu in S.A.No.1238 of 2005 on the file of this Court.

2. C.M.P.No.6835 of 2023 has been filed to condone the delay of 1113 days filing the restore application to restore the order of this Court in S.A.No.1238 of 2005 dated 27.01.2020.

3. C.M.P.No.6839 of 2023 has been filed to bring on record the petitioner Nos.3 to 5 as the legal representatives of the deceased 1st Appellant, Late Appu and rank them as Appellant Nos.4 to 6 in S.A.No.1238 of 2005 on the file of this Court.

4. C.M.P.No.6841 of 2023 has been filed to set aside the abatement caused due to the death of the 1st Appellant, Appu in S.A.No.1238 of 2005 on the file of this Court.

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5. Heard Mr.S.Doraisamy, learned counsel for the petitioners.

6. Mr.P.Mani, learned counsel for the respondents vehemently opposed that the delay of 1113 days has not been explained.

7. I am satisfied with the reasons stated in the Affidavits filed in support of these Petitions and accordingly, these petitions are ordered as prayed for.

8. Office is directed to carryout necessary amendment and post the Second Appeal on 12.04.2023.

05.04.2023 ab 2/3

V.LAKSHMINARAYANAN.J., ab C.M.P.Nos.6750, 6835, 6839 and 6841 of 2023 in S.A.No.1238 of 2005 05.04.2023 (1⁄2) 3/3