Namasivayam v. Palanivel

C.M.P.No.21584 of 2024 in CRP.SR.No.106388 of 2024 A.D.JAGADISH CHANDIRA, J.

The learned counsel for the petitioner would submit that totally, 16 plaintiffs had filed O.S.No.123 of 2012 before the District Munsif Court, Vannur seeking for permanent injunction against the defendant. Pending suit, some of the plaintiffs passed away, however, since the legal heirs of the plaintiffs were not impleaded, the suit came to be dismissed as abated. Thereafter, the petitioners filed to set aside the order of abatement and there had been a delay and a petition to condone the delay has been filed. The Trial Court had dismissed the petition, against which the revision.

2. The revision has been filed by the rest of the plaintiffs and the legal heirs of the plaintiffs have been shown as the respondent, thereby, would seek to accept the cause title.

3. Having regard to the nature of averments in the affidavit filed along with the petition, this application is Ordered as prayed for.

4.Accordingly, this petition is ordered.

27.09.2024 dhk (Note:The Registry is directed to number the CRP, if it is otherwise in order.) https://www.mhc.tn.gov.in/judis