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Madras High CourtCMP/11060/2024allowed

P. Moorthy(Deceased),1.Vijaya v. P. Elumalai (Deceased)1.E.Velu

2025-11-25Honourable Mr.Justice V. Lakshminarayanan2 pages

CMP.Nos.11060, 11043, 11050, 11062, 11063 & 11047 of 2024 and S.A.Nos.1707 & 1708 of 2008 V. LAKSHMINARAYANAN , J.

These petitions are to condone the delay of 2582 days in filing the petition to set aside abatement caused due to the death of the sole respondent; to bring on record the legal representatives of the deceased sole respondent and arrayed them as respondents and to set aside abatement.

2.The respondents in both the appeals, one, Mr.Elumalai had passed away on 20.09.2016.

3.The petitioner pleads that he came to know about the death and details of the legal heirs of the sole respondent only in March of 2024. On account of the fact, there has occasioned the delay. 4.I have gone through the affidavit filed in support of the petitions. I am convinced the reasons given in paragraph 4 of the affidavit. 5.The legal heirs, though served, have not engaged any counsel to oppose the application. As I am satisfied that there exists sufficient cause, all the applications stand allowed.

6.The learned counsel for the appellant shall take notice on the newly impleaded parties in the appeals returnable by three (3) weeks. https://www.mhc.tn.gov.in/judis

V. LAKSHMINARAYANAN , J.

7.Post after three (3) weeks.

25.11.2025 vs Note: Office is directed to carry out the amendment. CMP.Nos.11060, 11043, 11050, 11062, 11063 & 11047 of 2024 and S.A.Nos.1707 & 1708 of 2008 https://www.mhc.tn.gov.in/judis