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Madras High CourtCMP/9777/2021ordered

Doraisamy Gounder, v. Perumal Gounder,

2024-01-11Honourable Mr.Justice G.Arul Murugan4 pages

CMP.Nos.9777, 9773, 9753, 9785, 9769, 19435, 19422, 9665, 9735, 9660, 9667 and 9712 of 2021 in S.A.No.1384 and 1385 of 2011 G.ARUL MURUGAN , J.

S.A.No.1384 of 2011:

It is reported that in Second Appeal No.1384 of 2011, both the 1st and 2nd appellant died and also R1 died.

2. C.M.P.Nos.9785 of 2021 is filed to set aside the abatement of Lakshmana Gounder. C.M.P.No.9769 of 2021 is filed to substitute the petitioners 4 t o 6 as legal heirs of Lakshmana Gounder. C.M.P.No.19435 of 2021 is filed to substitute the legal heirs of 7 to 10 as legal representative of 1st appellant Doraisamy Gounder.

3 C.M.P.Nos.9777, 9753 and 9773 of 2021 in S.A.No.1384 of 2011 have been filed to condone the delay of 1829 days in filing the petition to set aside the abatement; to set aside the abatement and to substitute the proposed parties 3 to 6 as legal representative of R1.

4.In all the above CMPs, notice was ordered and Mr.P.Jegadeesan, learned counsel has entered appearance for the proposed respondents 3 to 6.

5. Perused the affidavit in support of the condone delay petitions and satisfied with the reasons stated therein. Accordingly, the CMPs are ordered as prayed for and delay is condoned.

6.Registry is directed to carry out the necessary amendment. S.A.No.1385 of 2011:

It is reported that in the Second Appeal No.1385 of 2011, 1st and 3rd appellant died and also R2 died.

2.C.M.P.No.9735 and 9665 of 2021 have been filed to set aside the abatement caused by the death of 1st appellant/Lakshmana Gounder and to bring on record the petitioners 4 to 6 as legal heirs. C.M.P.No.19422 of 2021 has been filed to bring on record the proposed parties 7 to 10 as legal representatives of 3rd appellant Doraisamy Gounder. 3.C.M.P.Nos.9660, 9667 and 9712 of 2021 have been filed to condone the delay of 1829 days in filing the petition to set aside the abatement; to set aside the abatement and to substitute the proposed respondents 4 to 6 as legal heirs of R1.

4. In all the above CMPs, notice was ordered and Mr.P.Jegadeesan, learned counsel entered appearance for the proposed respondents 4 to 6 and has no objection to allow this petition.

5.Perused the affidavit in support of the condone delay petitions and satisfied with the reasons stated therein. Accordingly, the CMPs are ordered as prayed for and delay is condoned.

6. Registry is directed to carry out the necessary amendment. 11.01.2024 (1/2) mpa

G.ARUL MURUGAN , J.

mpa CMP.Nos.9777, 9773, 9753, 9785, 9769, 19435, 19422, 9665, 9735, 9660, 9667 and 9712 of 2021 in S.A.No.1384 and 1385 of 2011 11.01.2024