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Madras High CourtCMP/10824/2019allowed

Krishnamurthy,S/O.Vadivelu v. Kaliyamurthy

2022-10-12Honourable Mr Justice Krishnan Ramasamy2 pages

C.M.P.No.10824 of 2019 in S.A.No.1436 of 2005 KRISHNAN RAMASAMY, J., This petition has been filed by the petitioner/appellant to condone the delay of 2843 days in filing the petitioner to set aside the abatement caused due to the death of 1st respondent in S.A.No.1436 of 2005. 2.Though notice served on the respondents 6 & 7, none appeared on behalf of them. As far as respondents 5, 8, 9 & 10 are concerned, notice returned with an endorsement " Door Locked".

3.This Court is unable to understand that when the notice was served on the respondents 6 & 7, how it was returned with an endorsement "Door Locked" in respect of respondents 5, 8, 9 & 10 while they are very much residing in the same address.

4.Having been satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned and this petition is allowed. 5.Post the matter on 31.10.2022.

12.10.2022 (10/12) rst https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY, J., rst C.M.P.No.10824 of 2019 in S.A.No.1436 of 2005 12.10.2022 (10/12) https://www.mhc.tn.gov.in/judis