← Library
Madras High CourtCMP/13526/2020ordered

Vaidyanathan v. Kaliyamurthy (Deceased)

2021-08-26Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.13526, 13528, 13529 & 10894 of 2021 in S.A.No.1700 of 2008 C.M.P.Nos.13526, 13528, 13529 & 10894 of 2021 in S.A.No.1700 of 2008 R. HEMALATHA, J.

These petitions are filed (i)under Section 5 of the Limitation Act, to condone the delay of 1534 days in filing the petition to set-aside the order of the abatement caused due to the death of the first respondent (ii) to set-aside the order of the abatement caused due to the death of the first respondent (iii) to bring on record the legal heirs of the deceased first respondent and rank her as fourth respondent (iv) to amend the name of the third respondent in C.M.P.Nos.13526, 13528 & 13529 of 2020 in S.A.No.1700 of 2008 by deleting S.Amutha and Substituting Anitha in that place, respectively.

2.The learned counsel for the respondents did not raise any serious objection and 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.1700 of 2008 and list the matter after four weeks. 26.08.2021 mtl http://www.judis.nic.in 1/2

C.M.P.Nos.13526, 13528, 13529 & 10894 of 2021 in S.A.No.1700 of 2008 R. HEMALATHA, J.

mtl C.M.P.Nos.13526, 13528, 13529 & 10894 of 2021 in S.A.No.1700 of 2008 26.08.2021 http://www.judis.nic.in 2/2