Sangeetha v. Parameswari

C.M.P.Nos.21180, 21181 & 21183 of 2019 in A.S.No.358 of 2011 S.M.SUBRAMANIAM, J.

These petitions are filed to condone the delay of 2090 days in seeking to set aside the abatement on account of the death of Nevadiya Meenakshiammal / 5th respondent; to set aside the abatement on account of the death of Nevadiya Meenakshiammal / 5th respondent and pass such other further orders as may be necessary under the circumstances of the case; to bring on record the respondents 6 to 8 in the above CMP as the respondents 6 to 8 in the above appeal they being the legal heirs of the 5th respondent Nevadiya Meenakshiammal since deceased.

2. Being satisfied with the reasons stated in the accompanying affidavits filed in support of these miscellaneous petitions, the petition in C.M.P.No.21180 of 2019 to condone the delay of 2090 days in seeking to set aside the abatement on account of the death of Nevadiya Meenakshiammal / 5th respondent and the delay of 2090 days is condoned, on condition to pay a sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the High Court Legal Services Authority on or before 15.02.2020, failing which, this petition would stand dismissed automatically.

3. The abatement caused due to the death of the 5th respondent is set aside and C.M.P.No.21181 of 2019 is allowed. Respondents 6 to 8 are ordered to be brought on record as legal representatives of the deceased 5th respondent as respondents 6 to 8 in the appeal and the petition in C.M.P.No.21183 of 2019 is allowed.

4. Post the appeal suit after two weeks.

07.02.2020 Kak Note: Registry is directed to carry out the necessary amendments.

S.M.SUBRAMANIAM, J.

Kak C.M.P.Nos.21180, 21181 & 21183 of 2019 in A.S.No.358 of 2011 07.02.2020