Guntur Arumugam Mudali v. P.A.Narasima Mudali

C.M.P.Nos.11194, 11197 and 11199 of 2019 in S.A.No.963 of 2011 R. HEMALATHA, J.

These petitions are filed under Section 5 of the Limitation Act and under Order XXII Rule 3 and 9 of Civil Procedure Code, (i) to condone the delay of 1146 days in filing the petition to set aside the abatement caused due to the death of the first appellant, (ii) to set aside the abatement caused due to the death of the first appellant and (iii) to bring on record the legal heirs of the deceased first appellant and rank them as appellants 4 to 16.

2. The learned counsel appearing for the respondent did not raise any serious objection in allowing these petitions.

3. This Court is also satisfied with the reasons assigned in Paragraph nos.3 to 6 of the affidavit filed in support of these petitions and in the facts and circumstances, the present petitions are allowed.

4. The Registry is directed to carryout the necessary amendments in the S.A.No.963 of 2011 and list the second appeal for "final hearing" on 24.06.2019.

10.06.2019 vkr (1/2) http://www.judis.nic.in

R. HEMALATHA, J.

vkr CMP.Nos.11194, 11197 and 11199 of 2019 in S.A.No.963 of 2011 10.06.2019 (1/2) http://www.judis.nic.in