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Madras High CourtCMP/13290/2022allowed

Venkateswaran v. Pon Elango

2022-10-27Honourable Mr Justice Krishnan Ramasamy2 pages

CMP.Nos.13290, 13292 & 13293 of 2022 in SA.No.1488 of 2008 KRISHNAN RAMASAMY.J., These petitions have been filed praying (i) to condone the delay of 1902 days in filing the petition to set aside the abatement caused due to the death of the 3rd respondent/ 3rd appellant namely P.Thangavel @ Kathappa Udaiyar in the above second appeal, (ii) to set aside the abatement caused due to the death of the 3rd respondent/ 3rd appellant namely P.Thangavel @ Kathappa Udaiyar in the above second appeal (iii) to permit the petitioner/4th appellant to bring on record the petitioner and the proposed respondents 4 to 6 herein as legal heirs of the deceased 3rd respondent/ 3rd appellant namely P.Thangavel @ Kathappa Udaiyar in the above second appeal and array them as respondents 4 to 6 in the above second appeal, respectively.

2.The learned counsel for the respondents has reported no objection in allowing these petitions. It is also reported by the learned counsel for the respondents that 7th respondent had also passed away. https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY.J., dn 3.Considering submissions made by the learned counsel for the petitioner and the reasons stated in the affidavits filed in support of the respective petitions, this Court feels it appropriate to allow these petitions. 4.Accordingly, these C.M.Ps. are allowed. Registry is directed to carry out necessary amendment in the cause title within a period of two weeks and list the Second Appeal on 19.12.2022. 27.10.2022 dn CMP.Nos.13290, 13292 & 13293 of 2022 in SA.No.1488 of 2008 https://www.mhc.tn.gov.in/judis