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Madras High CourtCMP/9755/2021allowed

Lakshmi v. Arumugham

2021-08-06Honourable Mr Justice Abdul Quddhose2 pages

CMP Nos.9755, 9757 and 9758 of 2021 in S.A. Nos.91 of 2005 and 1515 of 2007 CMP Nos.9755, 9757 and 9758 of 2021 in S.A. Nos.91 of 2005 and 1515 of 2007 ABDUL QUDDHOSE, J.

CMP Nos.9755, 9757 and 9758 of 2021 have been filed by the petitioner i)to condone the delay of 2835 days in filing the petition to set aside the abatement caused due to the death of the first respondent/Arumugham; ii) to set aside the abatement caused due to the death of the first respondent/Arumugham and iii) to bring on record the legal representatives of the deceased first respondent in the above Second Appeal.

2. Heard Ms.Prithivi, learned counsel for the petitioner.

3. The proposed respondents have been duly served in these CMPs and their names have also been printed in the cause list today. The proposed third respondent is dead. However, a Memo in SR No.20572 has been filed by the learned counsel for the appellant stating that the proposed respondents 4 to 6 are the legal representatives of the deceased Valliammal and the same may be recorded.

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

CMP Nos.9755, 9757 and 9758 of 2021 in S.A. Nos.91 of 2005 and 1515 of 2007 ABDUL QUDDHOSE, J.

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4. Learned counsel for the respondents has also not raised any serious objection in allowing these applications as well as recording the Memo.

5. Having regard to the reasons stated in the affidavits filed in support of these petitions and this Court being satisfied with the same, these CMPs are allowed as prayed for and Memo in SR No.20572 is recorded.

6. Registry is directed to carry out necessary amendments and list the main Second Appeal for the hearing on 27.08.2021. 06.08.2021 sr CMP Nos.9755, 9757 and 9758 of 2021 in S.A. Nos.91 of 2005 and 1515 of 2007 https://www.mhc.tn.gov.in/judis/ 2/2