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Madras High CourtCMP/19740/2024allowed

Sabir Ahamed (Died) 1. Yasin v. Mohammed Jahir

2024-09-26Honourable Mr.Justice R.Sakthivel3 pages

C.M.P.Nos. 19740, 19741 & 19744 of 2024 in S.A.No. 200 of 2021 ----- R. SAKTHIVEL, J (i) C.M.P.No. 19740 of 2024 has been filed seeking to condone the delay of 704 days in filing the petition to set aside the abatement caused due to the death of the 1st respondent, namely, Sabir Ahamed in the above second appeal.

(ii) C.M.P.No. 19741 of 2024 has been filed seeking to set aside the abatement caused due to the death of the 1st respondent-Sabir Ahamed in the above second appeal.

(iii) C.M.P.No. 19744 of 2024 has been filed seeking to bring on record the legal representatives of the deceased 1st respondent, namely, Sabir Ahamed in the above second appeal.

2. The appellant has filed an affidavit in support of these petitions, wherein it is stated that Sabir Ahamed [the 1st respondent in the main appeal] passed away on 28.11.2020 leaving behind him, his daughters, namely, (i) Firdosh, (ii) Paridha, (iii) Vahitha, (iv) Naveetha, and (v) Amreen, as his legal heirs/representatives.

3. Upon being satisfied with the reasons stated in the affidavit filed in support of these petitions, this Court is inclined to allow these petitions.

4. Accordingly, all the three petitions are allowed. No costs. 26.09.2024 1/2 MSM

R. SAKTHIVEL, J MSM C.M.P.Nos. 19740, 19741 & 19744 of 2024 in S.A.No. 200 of 2021 26.09.2024