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Madras High CourtCMP/10047/2022ordered

Pachan (Deceased) v. Thangasamy

2022-06-28Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P.Nos. 10047, 10045 & 10041 of 2022 in C.M.P. SR. Nos. 103040, 103039 & 103028 of 2019 in S.A. No. 603 of 2013 T.V. THAMILSELVI, J.

These petitions are filed seeking to condone the delay of 1011 days in representing C.M.P. SR.Nos. 103040, 103039 and 103038 of 2019 (to condone the delay in filing the set aside the abatement petition, to set aside the abatement, and to bring on record the legal representatives of deceased 1st appellant) respectively.

2. Mr. V.Neethidurai, learned counsel for petitioners/appellants submitted that the above petitions were filed on 08.08.2019 and the same were returned on 29.08.2019 for certain compliance. But, due to ill-health and also Covid-19 pandemic situation, the petitions were not represented in him. Hence, there arose the delay of 1011 days in representing the above said petitions and the said delay caused neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petitions.

3. Mr.G.Pugazendhi, learned counsel appearing for the respondent appeared and raised his objections.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit that due to Covid-19 pandemic situation, he was not able to represent the petitions is justifiable. Accordingly, all the petitions are allowed. Registry is directed to number the petitions if it is otherwise found to be in order.

28.06.2022 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 10047, 10045 & 10041 of 2022 in C.M.P. SR. Nos. 103040, 103039 & 103028 of 2019 in S.A. No. 603 of 2013 28.06.2022 https://www.mhc.tn.gov.in/judis