Chinnathamby Gounder v. Chinnappa Gounder

C.M.P.Nos.12309, 12311 & 12313 of 2021 in S.A.No.2064 of 2004 C.M.P.Nos.12309, 12311 & 12313 of 2021 in S.A.No.2064 of 2004 R. HEMALATHA, J.

These petitions are filed (i)under Section 5 of the Limitation Act, to condone the delay of 2875 days in filing the petition to set-aside the order of abatement caused due to the death of the first respondent (ii) to set-aside the order of the abatement caused due to the death of the first respondent (iii) to bring on record the legal heirs of the deceased first respondent and rank them as respondents 8 & 9 in the above appeal, respectively.

2.It is seen from the records that all the proposed respondents are served and there is no representation on their behalf. This Court is satisfied with the reasons assigned in the affidavit filed in support of these petitions. Hence, these petitions are allowed. 3.The Registry is directed to carryout necessary amendments in the Second Appeal No.2064 of 2004 and list the matter for final hearing after four weeks.

15.03.2023 (3/3) mtl https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.12309, 12311 & 12313 of 2021 in S.A.No.2064 of 2004 R. HEMALATHA, J.

mtl C.M.P.Nos.12309, 12311 & 12313 of 2021 in S.A.No.2064 of 2004 15.03.2023 https://www.mhc.tn.gov.in/judis 2/2