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Madras High CourtCMP/19567/2021allowed

Muthusamy Gounder v. V.Ponnusamy

2022-06-30Honourable Mr Justice C.V. Karthikeyan2 pages

CMP.Nos.19567, 19569, 19573, 19557, 19561, 19555, 19558, 19556 & 19551 of 2021 in S.A.No.19 of 2010 C.V.KARTHIKEYAN, J.

The aforesaid Civil Miscellaneous Petitions have been filed with respect to the 1st, 3rd and 5th appellants. They had died and these applications have been filed to condone the delay in filing applications to set aside abatement, to set aside abatement and to bring on record legal representatives as further appellants.

2.It is stated that the delay in filing application to set aside abatement with respect to the 1st appellant was 1467 days, with respect to 3rd appellant was 2468 days and with respect to 5th appellant 753 days. 3.The Second Appeal had been admitted and substantial questions of law had been framed. Even notice had been directed to the respondents and though counsel had entered appearance. Let me cast a burden on the Court to examine the substantial questions of law framed and allowing these petitions would also cast responsibility on the counsel for the appellants to 1/2 https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

smv address the Court on the Second Appeal. Dismissing the Appeal on the ground of abatement would not avail any benefit to either one of the two parties. Hence, all these Civil Miscellaneous Petitions are allowed. 30.06.2022 smv 1/2 CMP.Nos.19567, 19569, 19573, 19557, 19561, 19555, 19558, 19556 & 19551 of 2021 in S.A.No.19 of 2010 2/2 https://www.mhc.tn.gov.in/judis