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Madras High CourtCMP/13098/2022ordered

Rajana Konar v. Kesavan

2022-08-23Honourable Mrs Justice J. Nisha Banu4 pages

CMP.Nos.13098, 13102 and 13100 of 2022 and CMP Nos.13112, 13111 and 13113 of 2022 in J.NISHA BANU, J.

CMP Nos.13098, 13102 and 13100 of 2022 have been filed seeking to condone the delay of 264 days in filing the petition to set aside abatement caused by the death of 1st respondent viz., Kesavan, to set aside the abatement and to bring on record the legal representatives of the the deceased 1st respondent.

2. CMP Nos.13112, 13111 and 13113 of 2022 have been filed seeking to condone the delay of 598 days in filing the petition to set aside abatement caused by the death of petitioner viz., Rajanga Konar, to set aside the abatement and to bring on record the legal representatives of the the deceased petitioner.

3. Mr.A.E.Ravichandran learned counsel who appeared on behalf of the the 2nd respondent has no objection in allowing the above petitions. 1/4

4. Considering the averments assigned in the affidavits filed in support of the applications as well as the length of delay, the delay of 264 days and 598 days in filing the petitions seeking to set aside abatement is condoned on payment of cost of Rs.1,000/- (Rupees one Thousand only) each in respect of the deceased parties namely the petitioner and the 1st respondent, to the Tamil Nadu Legal Services Authority, Chennai within a period of one week from the date of receipt of a copy of this order and consequently the other petitions are ordered. If the cost is not paid within the above stipulated time, all the petitions shall stand automatically dismissed, without further reference to this Court.

5. If the conditional order is complied with by the learned counsel for the petitioner, Registry is directed to carry out the necessary amendments in the cause title.

6. It is represented by the learned counsel for the petitioner that the 3rd respondent also died.

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7. In view of the above, the learned counsel for the respondents is directed to furnish the particulars of the legal heirs of the deceased 3rd respondent, to enable the petitioner to take steps.

8. Post the Civil Revision Petition on 21.08.2022. 23.08.2022 vum 3/4

J.NISHA BANU, J .

vum 23.08.2022 4/4