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Madras High CourtCMP/18198/2023delay condoned

N. Gopal v. M. Rajarathinam (Died)

2025-09-04Honourable Mr.Justice K.Rajasekar3 pages

C.M.P.Nos.18198, 18191 & 18195 of 2023 in S.A.No.116 of 2019 K. RAJASEKAR, J.

These Civil Miscellaneous Petitions have been filed by the appellant to condone the delay of 1143 days in filing the Petition to set aside the abatement caused by the death of the first respondent in S.A.No.116 of 2019; to set aside the abatement caused by the death of the first respondent viz., M.Rajarathinam and to bring on record the proposed respondents 1 to 5 as the legal representatives of the deceased first respondent as respondents 1 to 5 in the above S.A.No.116 of 2019.

2. Heard the learned counsel for the petitioners and perused the records available on record.

3. The learned counsel for the respondent has no objection to allow these petitions.

4. The reasons stated in the affidavit filed in support of the condone delay petition is that, they came to know about the death of the first respondent only belatedly and immediately, they have come forward with filing the petitions to set aside the abatement and to bring on record the legal representatives of the deceased first respondent, however, there is a delay. 1/3

5. Having satisfied the reasons stated in the affidavit filed in support of this petition, the aforesaid delay of 1143 days in filing the the Petition to set aside the abatement caused by the death of the first respondent in S.A.No.116 of 2019 is condoned. Consequently, the petitions filed for setting aside the abatement caused due to the death of the first respondent viz., M.Rajarathinam and to bring on record the proposed respondents 1 to 5 as the legal representatives of the deceased first respondent as respondents 1 to 5 in the above S.A.No.116 of 2019 are also allowed.

6. Accordingly, these Civil Miscellaneous Petitions are allowed.

7. Registry is directed to carry out necessary amendment in the cause title and issue notice to the newly impleaded respondents. 04.09.2025 (1/2) ssi K. RAJASEKAR, J.

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ssi C.M.P.Nos.18198, 18191 & 18195 of 2023 in S.A.No.116 of 2019 04.09.2025 (1/2) 3/3