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Madras High CourtCMP/25256/2023ordered

Vaiyapuri v. Rk Krishnan

2023-12-12Honourable Mr.Justice C.Kumarappan2 pages

C.M.P.Nos.25256 to 25258 of 2023 in S.A.No.791 of 2007 C.KUMARAPPAN, J., These miscellaneous petitions in C.M.P.Nos.25256 to 25258 of 2023 are filed to (i) condone the delay of 333 days in setting aside the abatement, (ii) set aside the abatement, (iii)bring on records of the proposed respondents/legal heirs of the deceased first respondent, respectively.

2.The learned counsel for the appellant would submit that the proposed 4th respondent viz., Papathi is died, however, her legal heirs are already on record as proposed respondents 5 to 9.

3.Heard the learned counsel for the petitioner. There is no serious objection on behalf of the respondents.

4. Considering the reasons that have been set out for the delay, set aside the abatment and to bring on records of the proposed respondents and also having been satisfied with the same, these petitions are allowed and the memo filed by the appellant is taken on record. Registry is directed to make necessary amendments in the second appeal in S.A.No.791 of 2007 as well as in C.M.P.Nos.25256 to 25258 of 2023. 5.Post the matter on 09.01.2024.

12.12.2023 apd https://www.mhc.tn.gov.in/judis

C.KUMARAPPAN, J., apd C.M.P.Nos.25256 to 25258 of 2023 in S.A.No.791 of 2007 12.12.2023 https://www.mhc.tn.gov.in/judis