Mrs.Mangaiyarkarasi Vijayakumar v. R.Mathiazhagan(Deceased) 1.Tamil Slevi

1 A.Nos.4280, 4282 & 4284 of 2021 A. Nos.4280, 4282 and 4284 of 2021 in C.S.No.304 of 2016 V.BHAVANI SUBBAROYAN., J.

In Application No.4280 of 2021:

This application has been filed to condone the delay of 944 days in filing the application to set aside the abatement on account of demise of the 1st defendant in C.S. No.304 of 2016.

In Application No.4282 of 2021:

This application has been filed to set aside the abatement of the suit as against the 1st defendant.

In Application No.4284 of 2021:

This application has been filed to bring on record the respondents 5, 6 and 7 as legal heirs of deceased 1st defendant in the suit in C.S. No.304 of 2016 as defendants.

2. Heard, the learned counsel appearing for the applicants and the learned counsel for the respondents as well as perused the affidavits filed in support of the aforesaid all applications.

https://www.mhc.tn.gov.in/judis

2 A.Nos.4280, 4282 & 4284 of 2021 3.The learned counsel for the respondents has not raised any serious objections to allow these applications.

4. Considering the submissions made on either side, this Court is inclined to allow all these applications in order to grant an opportunity to contest the suit. However, in so far as the Application No.4280 of 2021 which has been filed seeking for to condone the delay of 944 days in filing the application to set aside the abatement on account of demise of the 1st defendant in C.S. No.304 of 2016, is allowed on payment of costs of Rs.2,000/- to "the Madras Society for the protection of Children" No.891, Old No.288, T.H. Road, Chennai -600 021.

5. Registry is directed to post the matter on 28.03.2022 for reporting compliance.

23.02.2022 Lbm A. Nos.4280, 4282 and 4284 of 2021 in C.S.No.304 of 2016 https://www.mhc.tn.gov.in/judis