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Madras High CourtCMP/10697/2024allowed

P.Sundaram(Died), Tamilvani v. R.Sam Pandian

2024-10-18Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.10697, 10702 & 10705 of 2024 in C.M.A.No.3091 of 2021 C.M.P.Nos.10697, 10702 & 10705 of 2024 in C.M.A.No.3091 of 2021 R. HEMALATHA, J.

These petitions are filed (i) to condone the delay of 747 days in filing the petition to set-aside the order of the abatement caused due to the death of the sole appellant (ii) to set-aside the order of the abatement caused due to the death of the sole appellant (iii) to bring on record the legal heirs of the deceased sole appellant and rank them as appellants 1, 2 and the fifth respondent in the above appeal, respectively. 2.The learned counsel for the respondents did not raise any serious objection and this Court is satisfied with the reasons assigned in the affidavit filed in support of these petitions. Hence, these petitions are allowed.

3.The Registry is directed to carryout necessary amendments in the C.M.A.No.3091 of 2021 and list the matter for final hearing after two weeks.

https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.10697, 10702 & 10705 of 2024 in C.M.A.No.3091 of 2021 R. HEMALATHA, J.

mtl

4. It is made clear that for the period of delay of 747 days, the appellants will not be entitled for any interest if in the event of this Court enhancing the amount of compensation fixed by the Tribunal. 18.10.2024 mtl C.M.P.Nos.10697, 10702 & 10705 of 2024 in C.M.A.No.3091 of 2021 https://www.mhc.tn.gov.in/judis 2/2