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Madras High CourtCMP/10777/2022allowed

Mohamed Abubacker Ansar, v. Zakhra

2023-06-06Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.10777, 10779 & 10782 of 2022 in S.A.No.1188 of 2009 C.M.P.Nos.10777, 10779 & 10782 of 2022 in S.A.No.1188 of 2009 R. HEMALATHA, J.

These petitions are filed (i) to condone the delay of 2071 days in filing the petition to set-aside the order of the 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 heir of the deceased first respondent and rank them as respondents 15 to 23 in the above appeal, respectively. 2.Mr.Ashfaq Rafi, learned counsel undertakes to file vakalat for the proposed respondents and he did not raise any serious objection and 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.1188 of 2009 and list the matter for final hearing after four weeks.

06.06.2023 (2/4) mtl https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.10777, 10779 & 10782 of 2022 in S.A.No.1188 of 2009 R. HEMALATHA, J.

mtl C.M.P.Nos.10777, 10779 & 10782 of 2022 in S.A.No.1188 of 2009 06.06.2023 https://www.mhc.tn.gov.in/judis 2/2