M.C.Anantharaman v. M.C.Krishnamoorthy

C.M.P.Nos. 16549, 16551 & 16555 of 2022 in C.R.P.No. 1146 of 2017 T.V. THAMILSELVI, J.

These petitions have been filed seeking to condone the delay of 39 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of sole petitioner, and to bring on record the proposed petitioners 2 to 4 herein as legal representatives of deceased sole petitioner.

2. Mr.S.Sriram, learned counsel for petitioners submitted that pending Revision Petition, sole petitioner died on 27.11.2021. He would submit that as their father only dealing with the case, the petitioners are not able to get particulars of counsel engaged by late M.C.Anantharaman, the delay of 39 days in setting aside the abatement arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.

3. Mr. M.Dharanidharan, learned counsel for respondent appeared and raised formal objections in allowing these petitions. 1\3

4. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit seems to be justifiable one, all the petitions are allowed. The proposed legal representatives of the sole petitioner are impleaded as petitioners 2 to 4 in the above Civil Revision Petition.

17.10.2022 rpp N.B. :- Registry is directed to carry out the necessary amendment in the cause title and post the matter on 26.10.2022. 2\3

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 16549, 16551 & 16555 of 2022 in C.R.P.No. 1146 of 2017 17.10.2022 (1/2) 3\3