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Madras High CourtCMP/5939/2024allowed

Murugesan (Died), Muniyammal (Died), Rudhrakumaran (Died), 1. Sengadirselvi Alias Sundari v. Gangai Ammal

2024-06-04Honourable Mr Justice V.Sivagnanam2 pages

CMP.Nos.5939, 5940, 5943 & 5942 of 2024 in SA.No.589 of 2012 V. SIVAGNANAM, J.

CMP.No.5939 of 2024 is filed to condone the delay of 1337 days in setting aside the abatement caused due to the death of the 3rd Appellant in the second appeal.

2. CMP.No.5940 of 2024 is filed to set aside the abatement caused due to the death of the 3rd appellant in the second appeal.

3. CMP.No.5943 of 2024 is filed to bring on record the petitioners 9 to 12 herein as the legal heirs of the deceased 3rd appellant and array them as appellants 12 to 15 in the second appeal.

4. CMP.No.5942 of 2024 is filed to bring on record the petitioners 5 to 8 herein as legal heirs of the deceased 1st appellant and array them as appellants 8 to 11 in the second appeal.

5. Heard both sides.

6. The above petitions are filed to bring on record the legal heirs of the deceased appellants 1 and 3 and to set aside the abatement caused due to the death of the appellants 1 and 3 and to condone the delay of 1337 days in filing the petition to set aside the abatement caused due to the death of the 3rd appellant.

https://www.mhc.tn.gov.in/judis

V. SIVAGNANAM, J.

tsh

7. Today, the learned counsel for the appellants filed a memo stating that the second appellant and the fifth respondents are reported to be died on 03.08.2012 and 14.12.2019 respectively and their legal heirs are already on record as appellants 1 & 3. The said memo is recorded.

8. Being satisfied with the reasons stated in the affidavit filed in support of these petitions, these petitions are ordered as prayed for. 04.06.2024.

tsh Note : Registry is directed to carryout suitable amendments in the second appeal.

CMP.Nos.5939, 5940, 5943 & 5942 of 2024 in SA.No.589 of 2012 https://www.mhc.tn.gov.in/judis