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Madras High CourtCMP/14044/2018allowed

A.T.Jayakumar v. M.Jambulingam Died

2023-03-15Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.14044, 14045 & 14046 of 2018 in S.A.No.701 of 2005 C.M.P.Nos.14044, 14045 & 14046 of 2018 in S.A.No.701 of 2005 R. HEMALATHA, J.

These petitions are filed (i)under Section 5 of the Limitation Act, to condone the delay of 1112 days in filing the petition to set-aside the order of abatement caused due to the death of the sole respondent (ii) to set-aside the order of the abatement caused due to the death of the sole respondent (iii) to bring on record the legal heirs of the deceased sole respondent and rank them as respondents 2 to 4 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.701 of 2005 and list the matter for final hearing after four weeks.

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

C.M.P.Nos.14044, 14045 & 14046 of 2018 in S.A.No.701 of 2005 R. HEMALATHA, J.

mtl C.M.P.Nos.14044, 14045 & 14046 of 2018 in S.A.No.701 of 2005 15.03.2023 https://www.mhc.tn.gov.in/judis 2/2