Parvatham Ammal v. Natesa Mudaliar (Died)

C.M.P.Nos.16452, 16455 & 16454 of 2022 C.M.P.Nos.16452, 16455 & 16454 of 2022 in S.A.No.1011 of 1999 KRISHNAN RAMASAMY, J., C.M.P.No.16452 of 2022 has been filed to condone the delay of 831 days in filing the petition seeking to set aside the abatement caused due to the death of the sole appellant namely Paravathammal in the above Second Appeal.

2. C.M.P.No.16454 of 2022 has been filed to set aside the abatement caused due to the death of the sole appellant namely Paravathammal in the above Second Appeal.

3. C.M.P.No.16455 of 2022 has been filed to bring on record the proposed 2nd appellants herein as the legal representatives of the deceased sole appellant namely Paravathammal and rank them as 2nd appellant in the above Second Appeal.

4. Heard the learned counsel appearing for the petitioner.

5. The respondents filed counter affidavit and the learned counsel for the respondents submitted that the sole appellant passed away and during his life time, he had already sold the properties. However, there is no cause of action to maintain the suit and consequently, this appeal is also not at all maintainable.

6. However, being satisfied with the reasons stated in the affidavit filed in support of these petitions and petitions and in the interest of justice, these C.M.P.Nos.16452, 16455 & 16454 of 2022 are ordered as prayed for. https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.16452, 16455 & 16454 of 2022 KRISHNAN RAMASAMY, J., gbi

7. Registry is directed to carry out necessary amendment in S.A.No.1011 of 1999 within the period of two weeks and post the matter on 20.12.2022. 08.11.2022 gbi C.M.P.Nos.16452, 16455 & 16454 of 2022 in S.A.No.1011 of 1999 https://www.mhc.tn.gov.in/judis 2/2