Abdul Rahim v. R.Jothi
in S.A.No.1077 of 2004 P.T. ASHA. J, The 4th respondent has been served on 23.11.2022 through private notice. Since the appellant was not able to serve the 5th and 6th respondents, this Court had directed service through paper publication, which has also been effected and the names of respondents 5 and 6 has been printed.
2. The above petition is filed to condone the delay of 3927 days in filing the application to set aside the abatement caused due to the death of the 1st respondent in the above Second Appeal.
3. In the affidavit filed in support of the condone delay petition, the deponent would state that they were not aware that the death has to be reported to their counsel and therefore the delay. 1/3
4. Considering the fact that there is a delay of over 3927 days in filing the application to set aside the abatement caused due to the death of the 1st respondent, the delay is condoned subject to the petitioner paying a sum of Rs.5,000/- to the College Students And Graduates Association of The Blinds, Thakkar Bapa Vidyalaya, 58, Venkatanarayana Road, CIT Nagar East, T. Nagar, Chennai, Tamil Nadu 600 017, by 03.02.2023.
5. Post the matter under the caption "For Reporting Compliance" on 06.02.2023.
20.01.2023 kan 2/3
P.T. ASHA. J, kan 20.01.2023 3/3