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Madras High CourtCMP/11485/2022allowed

Kannammal v. P.Shanmugam

2022-11-08Honourable Mrs Justice T.V.Thamilselvi3 pages

C.M.P.Nos.11485, 11486 & 11489 of 2022 in C.R.P. No. 2213 of 2017 T.V. THAMILSELVI, J.

These petitions have been filed seeking to condone the delay of 1334 days in filing the petition to implead the legal representatives of deceased 1st respondent, to set aside the abatement caused due to the death of 1st respondent, and to bring on record the proposed respondents herein as legal representatives of deceased 1st respondent.

2. Mr.K.V.Sundararajan, learned counsel for petitioner herein submitted that pending Civil Revision Petition, 1st respondent died on 17.06.2018. He would submit that though the 1st respondent died on 17.06.2018, the details of death and legal heirs were given to the counsel on record only on 21.06.2022. However, there is delay of 1334 days arose in filing the above petitions and the delay is neither willful nor wanton. Hence, he has filed the above petitions.

3. Mr.D.Ravichander, learned counsel for respondents 3 to 5 appeared and submitted that he has no objection in allowing the above petitions.

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4. Considering the facts and circumstances as well as the reasons assigned in the above petitions seems to be justifiable one, this Court is inclined to allow the above petitions. Accordingly, the proposed legal representatives of the 1st respondent is impleaded as respondents 3 to 5 in the above Civil Revision Petition.

08.11.2022 rpp Note :- The Registry is directed to carry out the necessary amendment in the cause title and post the matter on 18.11.2022. 2\3

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 11485, 11486 & 11489 of 2022 in C.R.P. No. 2213 of 2017 08.11.2022 3\3