T.Sudhakar v. Sadacharam,

C.M.P.Nos. 10839, 10840 & 10842 of 2022 in A.S. No. 712 of 2012 T.V. THAMILSELVI, J.

These petitions are filed seeking to condone the delay of 1916 days in setting aside the abatement, to set aside the abatement caused due to the death of 7th respondent and to bring on record the proposed 12th respondent herein as legal representatives of deceased 7th respondent..

2. Mr.R.Gururaj, learned counsel for petitioner/appellant submitted that pending appeal, 7th respondent died on 23.10.2016. He would also submit that due to lack of communication and due to unaware of proceedings, the death of parties was not informed to them and furthermore, the petitioner unable to get details of his legal heirs, the petition to implead his legal heirs was not filed in time. In view of the same, there is a delay of 1916 days arose and the delay is neither willful nor negligent. Hence, he has filed the above petitions.

3. Mr.P.Dineshkumar, learned counsel appearing for respondents 1, 3 to 6 and 11 appeared and raised objections in allowing the above petitions.

4. Heard both sides.

5. Considering the facts and circumstances and on considering the reasons assigned in the affidavit seems to be justifiable one, both the petitions are allowed. The proposed legal representative of the 12th respondent is impleaded as 7th respondent in the above Second Appeal. 17.07.2023 rpp Note : The Registry is directed to carry out the necessary amendment in the cause title and list the matter on 22.08.2023.

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 10839, 10840 & 10842 of 2022 in A.S. No. 712 of 2012 17.07.2023 (3/3)