S.Varadharaj v. The Special Tahsildar

C.M.P.Nos.13953, 13951 & 13950 of 2026 in M.P.No.1 of 2012 in A.S.(Sr).No.110224 of 2003 C.V.KARTHIKEYAN, J.

AND K.RAJASEKAR, J.

(Order of the Court was made by C.V. Karthikeyan, J.) These petitions have been filed seeking to condone the delay of 477 days in filing petition to set aside the abatement, to set aside the abatement consequent to the death of the sole appellant and to bring on record the petitioners herein, as legal representatives of the deceased appellant in the appeal. 2.

Heard the learned Special Government Pleader for the respondents. 3.

In the affidavit filed, it has been submitted that the sole appellant died on 27.06.2022 and it has been contended that the petitioners were not aware about the pendency of the appeal in the High Court, only when the counsel informed them that the matter has been listed, they informed the counsel about the death of the sole appellant and only thereafter, these petitions have been filed. Taking all factors into consideration, the delay is condoned, the abatement is set aside and accordingly, the petitions are allowed.

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C.V.KARTHIKEYAN, J.

AND K.RAJASEKAR, J.

4.

These petitions have been filed even before the appeal suit is numbered by the Registry, hence the Registry is directed to number the appeal suit, if it is otherwise in order and carry out the necessary amendment in the causetitle, reflecting the death of the sole appellant and bringing on record her legal representatives as further appellants in this appeal. 5.

List the matter on 25.06.2026.

(C.V.K., J.) (K.R.S., J.) 23.06.2026 (1/3) stn C.M.P.Nos.

13953, 13951 & 13950 of 2026 in M.P.No.1 of 2012 in A.S.(Sr).No.110224 of 2023 https://www.mhc.tn.gov.in/judis