Amaravathiammal v. L. Munusamy

C.M.P.Nos.7801, 7802 and 7803 of 2020 in Second Appeal No.573 of 2010 G.JAYACHANDRAN.J., C.M.P.No.7801 of 2020 has been filed to set aside the abatement caused due to the death of deceased Ganesan (7th respondent herein) in the above appeal. 2.C.M.P.No.7802 of 2020 has been filed to bring the LRs of the deceased 7th respondent namely Ganesan as party respondents 9 to 12 in the above second appeal.

3.C.M.P.No.7803 of 2020 has been filed to condone the delay of 2056 days in filing the application to set aside the abatement caused due to the death of the 7th respondent namely Mr.K.Ganesan in the above second appeal. 4.The affidavits filed along with these Civil Miscellaneous Petitions indicate that on 03.08.2009, the 7th respondent - Mr.K.Ganesan died leaving behind his wife, two sons and daughter as his Legal Representatives. Due to communication gap, appropriate petitions have not been filed before this Court 1/3

within the time prescribed under law. Hence, the petitioners/appellants are before this Court with these Civil Miscellaneous Petitions. 5.Taking note of the reasons stated in the affidavits filed in support of these Civil Miscellaneous Petitions, the delay of 2056 in filing the application to set aside the abatement caused due to the death of the 7th respondent namely Mr.K.Ganesan is hereby condoned. Consequently, the abatement caused due to the death of deceased Ganesan (7th respondent herein) in the above second appeal is also set aside and the petitioners/appellants are permitted to bring the Legal Representatives of the deceased 7th respondent namely Mr.K.Ganesan as party respondents 9 to 12. Accordingly, C.M.P.Nos.7801, 7802 and 7803 of 2020 are allowed.

27.07.2020 jbm Note:-Registry is directed to carry out the necessary amendments. 2/3

G.JAYACHANDRAN.J., jbm C.M.P.Nos.7801, 7802 and 7803 of 2020 in S.A.No.573of 2010 27.07.2020 3/3