V.T. Balakrishnan v. R. Vijayan (Died) 1. A.Kamalbasha

C.M.P.Nos. 21027, 21029 & 21032 of 2024 in S.A.No. 810 of 2017 ----- R. SAKTHIVEL, J (i) C.M.P.No. 21027 of 2024 has been filed seeking to condone the delay of 1948 days in filing the petition to set aside the abatement of the appeal due to the death of the 1st respondent, namely, Vijayan in the appeal.

(ii) C.M.P.No. 21029 of 2024 has been filed seeking to set aside the abatement caused due to the death of the 1st respondent in the appeal. (iii) C.M.P.No. 21032 of 2024 has been filed seeking to bring on record the legal-heirs of the deceased 1st respondent, namely, R.Vijayan, S/o. Ramasamy.

2. The appellant has filed an affidavit in support of these petitions. It is stated that R.Vijayan, S/o.Ramasamy [the 1st respondent in the main appeal] passed away on 16.12.2018 leaving behind him, his wife, namely, Brundhavani, and one son, namely, Kumaravel and two daughters, namely, (i) Anandhi, W/o. S.Suresh (ii) Anandhaselvi D/o.Vijayan, 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. 21027, 21029 & 21032 of 2024 in S.A.No. 810 of 2017 26.09.2024