Mrs C Mangala Vijayalakshmi v. Late K.S. Mothilal

R.SUBRAMANIAN , J.

and R.SAKTHIVEL, J.

(Order of the Court was made by R.SUBRAMANIAN,J.) These Applications have been filed seeking to condone the delay of 449 days in filing the petition to set aside the abatement, to set aside the abatement caused by the death of A.N.Annamalai, and to bring on record the respondents 59 to 63 as the legal representatives of the deceased seventh respondent in the Appeal.

2. Notices were ordered and the respondents 59 to 61 were served. The respondents 62 and 63 could not be served despite efforts. Hence, we had ordered publication in one issue of 'Dhinamani' and 'Indian Express' for the hearing on 29.1.2024 and directed publication to be effected by 05.01.2024.

3. The learned counsel had taken steps for publication and the publication has been effected in one issue of 'Indian Express' and Page No.1/3

'Dhinamani' on 21.12.2023. Despite such publication, the respondents 62 and 63 are not appearing either in person or through counsel duly instructed.

4. Considering the reasons assigned in the affidavit filed in support of these petitions, these petitions are ordered. The delay is condoned, the abatement caused due to the death of the seventh respondent is set aside and the respondents 59 to 63 are brought on record as the legal representatives of the deceased seventh respondent.

5. The Registry is directed to carry out the amendment and post these Appeals on 26.03.2024.

[R.S.M., J.] [R.S.V., J.] 13.03.2024 jv Page No.2/3

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

13.03.2024 Page No.3/3