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Madras High CourtCMP/9950/2021ordered

M.Kandasamy v. Arumuga Gounder

2021-08-09Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.9950, 9949 & 9945 of 2021 in S.A.No.810 of 2009 C.M.P.Nos.9950, 9949 & 9945 of 2021 in S.A.No.810 of 2009 R. HEMALATHA, J.

These petitions are filed (i)under Section 5 of the Limitation Act, to condone the delay of 1932 days in filing the petition to set-aside the order of the abatement caused due to the death of the 1st appellant (ii) to set-aside the order of the abatement caused due to the death of the 1st appellant and (iii) to bring on record the legal heirs of the deceased 1st appellant and rank them as appellants 3 & 4, respectively. 2.A perusal of the records shows that the respondents are served. However, there is no appearance for the respondents. 3.This Court is satisfied with the reasons stated in the affidavit filed in support of these petitions and in the facts and circumstances, the present petitions are allowed.

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

C.M.P.Nos.9950, 9949 & 9945 of 2021 in S.A.No.810 of 2009 R. HEMALATHA, J.

mtl

4. The Registry is directed to carryout the necessary amendments in the Second Appeal No.810 of 2009 and list the matter after four weeks.

09.08.2021 mtl C.M.P.Nos.9950, 9949 & 9945 of 2021 in S.A.No.810 of 2009 https://www.mhc.tn.gov.in/judis/ 2/2