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Madras High CourtCMP/9601/2021allowed

G. Chockalingam(Since Deceased)1.C.Loganathan v. G. Pasupathi(Since Deceased)

2022-11-01Honourable Mr Justice Krishnan Ramasamy2 pages

C.M.P.Nos.9601, 9607, 9609 and 9611 of 2021 in S.A.No.897 of 2005 KRISHNAN RAMASAMY, J., C.M.P.No.9601 of 2021 has been filed to condone the delay of 738 days in filing the petition to set aside the abatement caused due to the death of the sole appellant in the above Second Appeal.

2. C.M.P.No.9607 of 2021 has been filed to set aside the abatement caused due to the death of sole appellant in the above Second Appeal..

3. C.M.P.No.9609 of 2021 has been filed to set aside the order dated 17.04.2021 made in the S.A.No.897 of 2005 and consequently, restore the Second Appeal in S.A.No.897 of 2005.

4. C.M.P.No.9611 of 2021 has been filed to bring on record the petitioners, as the legal representatives of the deceased sole appellant in the above Second Appeal.

5. Heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondents 3 and 4. The learned Counsel for the respondents 3 and 4 submitted that the first and second respondents also passed away.

6. Being satisfied with the reasons stated in the affidavit filed in support of these petitions, in C.M.P.Nos.9601, 9607, 9609 and 9611 of 2021 are ordered. https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY, J., SRM

7. Registry is directed to carry out necessary amendment in S.A.No.897 of 2005 within a week. After carrying out the amendments, the appellants are directed to take steps to implead the legal representatives of the deceased first and second respondentS.

12. Post the main second appeal on 14.12.2022 for hearing. 01.11.2022 srm C.M.P.Nos.9601, 9607, 9609 and 9611 of 2021 in S.A.No.897 of 2005 https://www.mhc.tn.gov.in/judis