Pitchai v. Chithra

C.M.P.Nos. 20980, 20984 & 20985 of 2024 in S.A.No. 660 of 2017 ----- R. SAKTHIVEL, J (i) C.M.P.No. 20980 of 2024 has been filed seeking to condone the delay of 773 days in filing the petition to bring on record the legal heirs of the deceased K.Senthilkumar, S/o.Late.Kandasamy, [the 1st respondent in the main appeal].

(ii) C.M.P.No. 20984 of 2024 has been filed seeking to set aside the abatement caused due to the death of the deceased K.Senthilkumar, S/o.Late.Kandasamy in the above appeal.

(iii) C.M.P.No. 20985 of 2024 has been filed seeking to bring on record the legal representatives of the deceased K.Senthilkumar, S/o.Late.Kandasamy.

2. The appellant has filed an affidavit in support of these petitions, wherein it is stated that K.Senthilkumar, S/o.Late.Kandasamy [the 1st respondent in the main appeal] passed away on 08.10.2020 leaving behind him, his wife, namely, Savithiri and two sons, namely, (i) S.Mohan and (ii) S.Aadhi, as his legal heirs/representatives.

3. Upon being satisfied with the reasons stated in the affidavit filed in support of these petitions, this Court is inclined to allow these petitions.

4. Accordingly, all the three petitions are allowed. No costs. 26.09.2024 1/2 MSM

R. SAKTHIVEL, J MSM C.M.P.Nos. 20980, 20984 & 20985 of 2024 in S.A.No. 660 of 2017 26.09.2024