Madras High CourtCMP/15327/2021ordered

M.Chinnasami (Died) v. Veeran (Died)

2023-01-30Honourable Ms. Justice P.T. Asha4 pages

C.M.P.No.15326, 15327, 15328, 15329, 15295, 15296, 15299 & 15293 of 2021 in S.A.Nos.1901 & 1902 of 2001 P.T. ASHA. J, S.A.No.1901 of 2001:

C.M.P.No.15326 of 2021 is filed to restore the Second Appeal in S.A.No.1901 of 2001 which was dismissed for non - prosecution on 13.08.2021.

2. C.M.P.No.15327 of 2021 is filed to condone the delay of 216 days in setting aside the abatement caused due to the death of the sole appellant, namely, Chinnasami in the above Second Appeal

3. C.M.P.No.15328 of 2021 is filed to bring on record the legal representatives of the deceased sole appellant as appellants 1 and 2 in the above Second Appeal.

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4. C.M.P.No.15329 of 2021 is filed to set aside the abatement caused due to the death of the sole appellant in the above Second Appeal.

S.A.No.1902 of 2001:

5. C.M.P.No.15293 of 2021 is filed to restore the Second Appeal in S.A.No.1902 of 2001 which was dismissed for non - prosecution on 13.08.2021.

6. C.M.P.No.15295 of 2021 is filed to condone the delay of 216 days in setting aside the abatement caused due to the death of the sole appellant, namely, Chinnasami in the above Second Appeal

7. C.M.P.No.15296 of 2021 is filed to set aside the abatement caused due to the death of the sole appellant in the above Second Appeal.

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8. C.M.P.No.15299 of 2021 is filed to bring on record the legal representatives of the deceased sole appellant as appellants 1 and 2 in the above Second Appeal.

9. The petitions are ordered as prayed for since there is no objection for the same. The Second Appeals are restored to file as sufficient reasons have been given and petitions are filed within a month of the dismissal for non-prosecution. Further, the Second Appeals were dismissed only on the ground that steps to bring on record the legal representatives of the sole appellant had not been taken. The Registry is directed to carry out necessary amendment and post the matter on 22.02.2023.

10. It is informed by the learned counsel for the respondents that some of the respondents are no more and that he will furnish necessary particulars to the learned counsel for the appellants. 30.01.2023 kan 3/4

P.T. ASHA. J, kan S.A.Nos.1901 & 1902 of 2001 30.01.2023 4/4