Pandiyan v. Mathiyalagan

CMP.Nos.15267, 15270 &15275 of 2025 in S.A.No.939 of 2014 DR.A.D.MARIA CLETE, J.

These Civil Miscellaneous Petitions are filed to (i) condone the delay of 510 days in preferring the above Second Appeal (ii) set aside the abatement of the suit caused due to the death of the second respondent, and (iii) bring on record 3rd respondent as the legal heir of the deceased second respondent namely Balusamy.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents who submits that he has got no serious objection in allowing this petition.

3. Taking into consideration the reasons stated in the supporting affidavit and the legal heirship certificate produced, this Court is satisfied that sufficient cause has been made out for condoning the delay and that the proposed party is the legal heirs of the deceased second respondent.

4. Accordingly, the delay is condoned. The abatement is set aside. The 3rd respondent namely, Mahendiran is impleaded as the legal heir of the deceased second respondent.

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

DR.A.D.MARIA CLETE, J.

dpq

5. These Civil Miscellaneous Petitions are allowed. No costs. Registry to carry out the necessary amendments and list the matter on 27.01.2025 under the caption for " final hearing".

12.11.2025 dpq CMP.Nos.15267, 15270 &15275 of 2025 in S.A.No.939 of 2014 https://www.mhc.tn.gov.in/judis