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Madras High CourtCMP/16646/2022allowed

Thulasiammal v. A.Raman

2022-09-28Honourable Mr Justice Krishnan Ramasamy3 pages

CMP.Nos.16646, 16644 & 13347 of 2022 in SA.No.1597 of 1996 KRISHNAN RAMASAMY.J., These petitions have been filed praying (i) to condone the delay of 13845 days in filing the petition to set aside the abatement caused due to the death of the deceased respondent namely Seeni @ Senga Gounder in the above second appeal, (ii) to set aside the abatement caused due to the death of the deceased respondent namely Seeni @ Senga Gounder in the above second appeal (iii) to permit the petitioners/appellants to bring on record the proposed 11th respondent namely Chandrasekar as legal heir of the deceased respondent namely Seeni @ Senga Gounder in the above second appeal, respectively.

2.Heard the learned counsel for the petitioners/appellants and the learned counsel for the respondents 8 to 12.

3.The learned counsel for the petitioners / appellants submits that the delay is occurred purely due to the reason that the petitioners/appellants could not trace out the details of the legal heirs of the deceased respondent

namely Seeni @ Senga Gounder and only recently, the respondents themselves have brought to the knowledge of the petitioners/appellants about the details of the legal heirs of the deceased respondent. Therefore, the learned counsel would urge this Court to allow the present applications. 4.The learned counsel for the respondents 8 to 12 has reported no objection in allowing these petitions.

5.Considering submissions made by the learned counsel for the petitioners/appellants and the reasons stated in the affidavits filed in support of the respective petitions and since the delay occurred due to nontracing of the legal heirs of the deceased respondent, and in the interest of justice, this Court feels it appropriate to allow these petitions. 6.Accordingly, these C.M.Ps. are allowed. Registry is directed to carry out necessary amendment in the cause title within a period of two weeks and list the matters on 04.11.2022.

28.09.2022 dn

KRISHNAN RAMASAMY.J., dn CMP.Nos.16646, 16644 & 13347 of 2022 28.09.2022