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Madras High CourtCMP/23/2014allowed

Selvaraj (Died) v. Thangavel Adhikari (Died)

2022-07-06Honourable Mr Justice C.V. Karthikeyan2 pages

C.M.P.Nos. 23, 24 & 25 of 2014 in S.A.No.252 of 2004 C.V.KARTHIKEYAN,J.

These three applications have been filed consequent to the death of the first respondent and seeking to condone the delay in filing the application to set aside the abatement and to set aside the abatement and to bring on record the legal representatives as the respondents 2 to 6. 2.Counsel had entered appearance on behalf of the first respondent. The second appeal emanates from a suit for partition, which naturally indicates that the parties would be satisfied if only the Court proceedings in the partition suit culminates in final decision rendered indicating the respective shares of the parties and the death of one of either of the plaintiffs or the defendants should not come to obstruct such procedures.

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C.V.KARTHIKEYAN,J.

sms 3.In view of that particular angle, I would condone the delay in filing the application to set aside the abatement and would also set aside the abatement and to bring on record the legal representatives as stated. Therefore, these three applications are allowed. sms 06.07.2022 C.M.P.Nos. 23, 24 & 25 of 2014 in S.A.No.252 of 2004 (2/3) https://www.mhc.tn.gov.in/judis