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Madras High CourtCMP/15661/2021allowed

T.Manicka Naicker v. Mumtaj Bi (Died)

2023-04-03Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.15661, 15667 & 15668 of 2021 in S.A.No.868 of 2008 C.M.P.Nos.15661, 15667 & 15668 of 2021 in S.A.No.868 of 2008 R. HEMALATHA, J.

These petitions are filed (i) to condone the delay of 322 days in filing the petition to set-aside the order of abatement caused due to the death of 6th respondent herein, (ii) to bring on record the respondents 7 to 9 herein as the legal representatives of the deceased 6th respondent herein and rank them as respondents 8 to 10 in S.A. No.868 of 2008 and (iii) to set-aside the order of abatement caused due to the death of the 6th respondent herein, 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.868 of 2008 and list the matter for final hearing after four weeks.

03.04.2023 (2/2) bga https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.15661, 15667 & 15668 of 2021 in S.A.No.868 of 2008 R. HEMALATHA, J.

bga C.M.P.Nos.15661, 15667 & 15668 of 2021 in S.A.No.868 of 2008 03.04.2023 (2/2) https://www.mhc.tn.gov.in/judis 2/2