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Madras High CourtA/5043/2023allowed

B.Dilipkumar v. Mr.B.Bhikamchand Sowkar (Died) Mr.B.Tejraj (Died) 1.B.Sagarmal And 7 Others

2023-09-27Honourable Mr Justice A.A.Nakkiran2 pages

A.Nos.5043, 5044 &5046 of 2023 in CS.No.1419 of 1994 A.A.NAKKIRAN, J.

A.No.5043 of 2023 has been filed to condone the delay of 953 days in filing application to set aside the abatement of the suit in view of death of the 4th defendant.

A.No.5044 of 2023 has been filed to set aside the abatement of the suit in view of the death of the 4th defendant and restore the suit for fresh disposal on merits.

A.No.5046 of 2023 has been filed to bring the said C. Suseehla, C. Ajay Kumar, C. Reshma and C. Ketan as legal heirs of the B. Chandrakantha, the 4th defendant as defendants 8 to 11 respectively

2. Heard both sides.

3. The learned counsel for the respondents has no objection in allowing these applications.

4. In view of no objection submitted by the learned counsel for the respondents and being satisfied with the reasons stated in the affidavits filed in https://www.mhc.tn.gov.in/judis support of these applications, these applications are allowed.

A.A.NAKKIRAN, J.

gv

5. The learned counsel for the plaintiff is directed to carry out the necessary amendments in the cause title.

6. Post the main suit on 09.10.2023.

Gv 27.09.2023 A.Nos.5043, 5044 &5046 of 2023 in CS.No.1419 of 1994 https://www.mhc.tn.gov.in/judis