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Madras High CourtA/4041/2023allowed

B.Ganesh Kumari (Deceased) Ganesh Gnana Balaji v. B.Indira And 4 Others

2023-08-09Honourable Ms Justice R.N.Manjula1 pages

A.Nos.4041, 4042 & 4043 of 2023 in O.P.No.288 of 2022 R.N.MANJULA,J.

These applications have been filed to condone the delay of 72 days in filing the application to set aside the abatement caused due to the death of the sole petitioner B.Ganesh Kumari; to set aside the abatement of the main petition caused due to the death of the sole petitioner B.Ganesh Kumari; to bring on record the legal heir of the deceased petitioner B.Ganesh Kumari.

2. The private notice taken by the applicant to the respondents 2 to 4 returned as "unserved". The first respondent has already given consent. The respondents 2 to 4 did not enter appearance in the main petition itself, despite service of notice is completed as against them. In such context of the matter, I feel these applications should be allowed in order to enable the proceedings to get progressed further.

3. Accordingly, these applications are allowed. The learned counsel for the applicant is directed to carry out the necessary amendment. 09.08.2023 gsk https://www.mhc.tn.gov.in/judis