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Madras High CourtCMP/20906/2022allowed

Songappa Gounder v. Thangamuthu

2022-12-01Honourable Mr Justice Krishnan Ramasamy4 pages

C.M.P.Nos.20906, 20908, 20909, 20912, 20914 & 20918 of 2022 in S.A.Nos.279 & 280 of 2012 KRISHNAN RAMASAMY, J.

C.M.P.No.20906 of 2022 has been filed to condone the delay of 1291 days in filing the petition to set aside the abatement caused, due to the death of the sole Appellant Songappa Gounder, who died on 21.11.2018 in the above Second Appeal No.279 of 2012.

2.C.M.P.No.20908 of 2022 has been filed to set aside the abatement caused, due to the death of the sole Appellant Songappa Gounder, who died on 21.11.2018 in the above Second Appeal No.279 of 2012. 3.C.M.P.No.20909 of 2022 has been filed to permit the Petitioner to bring on record the Appellants 1 to 3 herein as the legal representatives of the sole Appellant Songappa Gounder, who died on 21.11.2018 and to array them as Appellants 2 to 4 in the above Second Appeal No.279 of 2012. 1/4

4.C.M.P.No.20912 of 2022 has been filed to declare the Petitioner as major and permit the Petitioner to contest the case pending disposal of the above Second Appeal No.280 of 2012.

5.C.M.P.No.20914 of 2022 has been filed to discharge the guardianship entrusted to Petitioner for Harish Kumar and permit him to contest the case in Second Appeal No.280 of 2012.

6.C.M.P.No.20918 of 2022 has been filed to transpose the Petitioner as Appellant in the above Second Appeal No.280 of 2012. 7.Learned counsel appearing for the Respondents submitted that he has no objection to order these Petitions.

8.This Court is convinced with the submissions made by the learned counsel for the Petitioner and the reasons assigned by him in the affidavit filed in support of these Petitions. Hence, these Miscellaneous Petitions viz., C.M.P.Nos.20906, 20908, 20909, 20912, 20914 & 20918 of 2022 are ordered as prayed for.

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9.It is represented that the parties have entered into a settlement and prepared a compromise agreement dated 15.08.2021. However, it appears that the said agreement has not been filed before this Court. Therefore, learned counsel on either side shall file affidavit, stating the reasons for the delay in filing the same before this Court.

10.Post the Appeals on 12.01.2023.

1.12.2022 sai 3/4

KRISHNAN RAMASAMY, J.

sai C.M.P.Nos.20906, 20908, 20909, 20912, 20914 & 20918 of 2022 in S.A.Nos.279 & 280 of 2012 Dated: 01.12.2022 4/4