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Madras High CourtCMP/19596/2022allowed

Kaliya Padayachi @ Kaliyamurthy (Deceased) v. Govindan

2022-11-15Honourable Mrs Justice T.V.Thamilselvi3 pages

C.M.P.Nos.19596, 19598 & 19600 of 2022 in C.R.P. No. 4080 of 2017 T.V. THAMILSELVI, J.

These petitions have been filed seeking to condone the delay of 101 days in filing the petition to implead the legal representatives of deceased petitioner, to set aside the abatement caused due to the death of petitioner, and to bring on record the proposed petitioners 1 to 6 herein as legal representatives of deceased petitioner.

2. Mr.N.Suresh, learned counsel for petitioner herein submitted that pending Civil Revision Petition, sole petitioner died on 05.06.2020. He would submit that as the legal heirs of petitioner could not contact their counsel and to inform about the death of petitioner, there is delay of 101 days arose in filing the above petitions and the delay is neither willful nor wanton. Hence, he has filed the above petitions.

3. Mr.C.Munusamy, learned counsel for respondents appeared and submitted that he has no objection in allowing the above petitions.

4. Considering the facts and circumstances as well as the reasons assigned in the above petitions seems to be justifiable one, this Court is 1\3

inclined to allow the above petitions. Accordingly, the proposed legal representatives of the petitioner is impleaded as petitioners 1 to 6 in the above Civil Revision Petition.

15.11.2022 rpp Note :- The Registry is directed to carry out the necessary amendment in the cause title and post the matter on 23.11.2022. 2\3

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 19596, 19598 & 19600 of 2022 in C.R.P. No. 4080 of 2017 15.11.2022 3\3