M.Rathinavelu v. K.Chinnakaruppusami

C.M.P.Nos.25325, 25334 & 25335 of 2023 in S.A.No.1170 of 2009 C.V.KARTHIKEYAN, J.

These petitions have been filed seeking to condone the delay of 407 days in filing petition to set aside abatement consequent to the death of the 2nd respondent, to set aside abatement and to bring on record his legal representative as the 3rd to 5th respondents.

2.In the affidavit filed in support of these petitions, it had been contended that the 2nd respondent had died on 06.01.2021 and that the petitioner was not aware of the death and did not get the details about the legal representatives and immediately after he came to know the details, he had given instructions to the counsel to file these petitions.

3.Notice had been directed to the proposed respondents and the learned counsel Ms.Sarada for Mr.T.Saikrishnan has appeared on behalf of the respondents.

4.The Second Appeal has not yet been admitted. The learned counsel for the appellants will have to argue the appeal on merits. However, these petitions are allowed.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

smv 4.The Registry to carry out necessary amendment reflecting the death of the 2nd respondent and bring on record his legal representatives as 3rd to 5th respondents.

11.07.2025 smv C.M.P.Nos.25325, 25334 & 25335 of 2023 in S.A.No.1170 of 2009 https://www.mhc.tn.gov.in/judis