The Superintending Engineer v. S. Kuppusamy

C.M.P.Nos.16730, 16731 & 16733 of 2021 C.M.P.Nos.16730, 16731 & 16733 of 2021 in C.M.A.No.1242 of 2018 C.V.KARTHIKEYAN, J.

All these three applications have been filed consequent to the death of the respondent and thereby, necessitating bringing on record his legal representatives. But however, there has been a delay of 542 days. This further necessitated filing of an application to condone the delay of 542 days to set aside the abatement and to bring on record the legal representatives.

2. Notice had been directed to the proposed respondent/legal representatives.

3. Initially service of notice was ordered and it was returned unserved. However, a direction had been given to inform the Tahsildar, Thandarampattu Taluk to inform the legal representatives about the pendency of the present Civil Miscellaneous Petitions.

4. The learned counsel Mr.S.Ambigabathi, has now entered appearance on behalf of the respondents/legal representatives.

5. Taking into consideration, the subject matter of the Civil Miscellaneous Appeals it is only appropriate that it is to be adjudicated on merits and to adjudicate the same on merits, the presence of the legal representatives are required, I would condone the delay of https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.16730, 16731 & 16733 of 2021 C.V.KARTHIKEYAN, J.

ssi 542 days and also set aside the abatement and permit bringing on record the legal representatives of the deceased/first respondent.

5. In view of the above reasoning, all the three Civil Miscellaneous Petitions are allowed.

20.04.2022 ssi Index:Yes/No Internet:Yes/No C.M.P.Nos.16730, 16731 & 16733 of 2021 in C.M.A.No.1242 of 2018 https://www.mhc.tn.gov.in/judis 2/2