Marudachala Gounder (Deceased) v. M.Shanmugam

C.M.P.Nos.12067, 12065 and 12060 of 2021 in S.A.No.890 of 2010 P.T.ASHA, J., The above petitions are filed for the following reliefs:- i. To condone the delay of 3247 days in filing the petition to setaside the abatement of S.A.No.890 of 2010 on the file of the Hon'ble Court.

ii. To set aside the abatement caused by operation of law for not substituting the legal representatives of the deceased Appellant within 90 days of his death in S.A.No.890 of 2010 on the file of this Hon'ble Court. iii. To bring on record the proposed petitioners herein as legal representatives of the deceased Marudachala Gounder (Appellant herein) as Appellants 1 to 4 in S.A.No.890 of 2010 on the file of this Hon'ble Court.

2. The petitioners who have now filed the above petitions are the married daughters of the deceased sole appellant and they are all senior citizens. The reasons given by them that they were not aware about the details of the Second Appeal since it was their father who was handling the matter and apart from knowing that their father had moved the High Court they had no other information.

3. The respondent who had undertaken to file the counter has not filed the same.

4. Whatsoever, the reasons given by the petitioners appear plausible. However, taking into consideration the fact that the delay is enormous, the petitions are allowed on condition that a sum of (Rs.5,000/-) is paid on or before 24.02.2023 to the "The College Students & Graduates Associations of Blind (CSGAB) Thakkar Bala Vidyalaya Building, Venkatanarayana Road, Near Nandanam Signal, T.Nagar, Chennai -17. Ph- 04424348628".

5. For reporting compliance post the matter on 01.03.2023. 09.02.2023 shr Note: The Registry is directed to carry out the necessary amendments in the above Second Appeal.

P.T.ASHA, J., shr C.M.P.Nos.12067, 12065 and 12060 of 2021 in S.A.No.890 of 2010 09.02.2023