Chinnasamy v. Marayee

C.M.P.Nos. 17605, 17606 & 17607 of 2023 in S.A. No. 231 of 2014 T.V. THAMILSELVI, J.

These petitions are filed seeking to condone the delay of 1919 days in setting aside the abatement, to set aside the abatement caused due to the death of 11th respondent, and to bring on record the proposed respondents 26 to 29 herein as legal representatives of deceased 11th respondent.

2. Mr. N.Manoharan, learned counsel for petitioners/appellants submitted that pending appeal, 11th respondent died on 24.11.2017. He would also submit that due to 1st petitioner's ill-health, he is unable to contact his counsel on record and he could not inform about the death of 11th respondent and to furnish details of his legal heirs at the earliest point of time. Hence, the petitions were not filed in time. In view of the same there is a delay of 1919 days arose and the delay is neither willful nor negligent. He would also submit that since the case is pending from the year of 2014 for more than 9 years, he prayed for speedy disposal of this appeal. Accordingly, he has filed the above petitions. 1\3

3. Mr.K.S.Jayaganesan, learned counsel appearing for the respondents 1 and 2, Ms.Zeenath Begum, learned counsel for 4th respondent appeared and raised their formal objections in allowing these petitions.

4. Considering the facts and circumstances and being satisfied with the reasons assigned in the affidavit, all the petitions are allowed. The proposed legal representatives of the 11th respondent are impleaded as respondents 26 to 29 in the above Second Appeal.

5. Issue notice to newly added respondents 26 to 29 through court returnable by 27.09.2023. Private notice is also permitted.

6. The learned counsel for appellants is directed to pay batta for newly added respondents within 3 days.

7. The Registry is directed to carry out the necessary amendment in the cause title and list the matter on 27.09.2023. 11.08.2023 rpp 2\3

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 17605, 17606 & 17607 of 2023 in S.A. No. 231 of 2014 11.08.2023 (5/5) 3\3