Dharman (Died) v. Thanthoniammal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-04-2025
CORAM
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN CMP Nos.8303, 8308 and 8310 of 2025 in SA Nos.601 of 2016 Dharman (Died) 1.D.Ramu, S/o. Late. Dharman, Govindathangal Village, Hamlet of Thoppur Village, Pazhapalayam Post, Arakkonam Taluk, Vellore District. and 4 Others Appellant(s) Vs Thanthoniammal W/o. Thandavaraya Reddiar, Govindathangal Village, Hamlet of Thoppur Village, Pazhapalayam Post, Panavaram (Via), Arakkonam Taluk, Vellore District. Respondent(s) For Appellant(s):
A.Gouthaman For Respondent(s):
Mr.A.Saranraj Prayer in CMP No.8303 of 2025: Petition is filed to condone the delay of 1720 days in filing the application to set aside the abatement caused to the above due to the death of sole appellant in the above second appeal and pass orders. Prayer in CMP No.8308 of 2025: Petition is filed to set aside the abatement caused to the above due to the death of sole appellant in the above second appeal and pass orders.
Prayer in CMP No.8310 of 2025: Petition is filed to bring on record the legal heirs of decease sole appellant in the above second appeal and rank them as appellants 2 to 6 in the above second appeal and pass orders.
ORDER
The sole appellant in the appeal had died and CMP Nos.8303, 8308 and 8310 of 2025 are filed to condone the delay of 1720 days in filing the petition to set aside the abatement and to bring on record the legal heirs of the deceased sole appellant.
2. Heard the counsel for the petitioners and counsel for the respondent and perused the affidavits.
3. There is no serious objection on the side of the respondent.
4. It is submitted that the deceased appellant alone was conducting the case and the legal heirs only now came to know about the knowledge of this proceedings and have taken steps to substitute themselves on record.
5. Being satisfied with the reasons stated in the affidavits filed in support of the petitions, these civil miscellaneous petitions are ordered.
6. Registry is directed to carry out necessary amendment.
7. Post the second appeal after two weeks for hearing. 04-04-2025 mrn