← Library
Madras High CourtCMP/21966/2024ordered

Muthusamy(Died) v. Chinnasamy Gounder

2024-10-29Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P.No.21966 of 2024 in S.A.No.567 of 1999 T.V.THAMILSELVI, J.

This Petition has been filed to restore the Second Appeal No.567 of 1999 which was dismissed for abatement on 28.03.2022.

2. Heard the learned counsel for the appellants and the learned counsel for the respondents.

3. Previously, the second appeal was dismissed on the grounds that the appellants had not taking steps to impleade the legal heirs of the 1st appellant. The petitioner is around 75 years old, due to his advanced age and the fact that only his brother and son were following the proceedings, there was a lack of communication. Now they are ready to take the necessary steps. Notice has also been served to the respondents, and no objections have been raised.

1\2 https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rri

4. On being satisfied with the averments stated in the affidavit filed in support of the petition and the submissions made by the learned counsels on either side, the petition stands allowed.

5. Registry is directed to restore the above Second Appeal No.567 of 1999 and post the appeal on 04.12.2024.

29.10.2024 rri C.M.P.No.21966 of 2024 in S.A.No.567 of 1999 2\2 https://www.mhc.tn.gov.in/judis