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Madras High CourtCMP/26223/2019allowed

Karthigaivel v. Chinnapaiyan

2022-09-20Honourable Mr Justice Krishnan Ramasamy2 pages

CMP.Nos.26223, 26225 & 26227 of 2019 & S.A.No.654 of 2005 KRISHNAN RAMASAMY.J., These petitions have been filed praying (i) to condone the delay of 1796 days in filing the petition to set aside the abatement caused due to the death of the second respondent in the above Second Appeal, (ii) to set aside the abatement caused due to the death of the second respondent in the above second appeal, (iii) to permit the petitioner/appellant to bring on record the respondents 3 to 5 herein as the legal heirs of the deceased second respondent in the above appeal and rank them as respondents 3 to 5 in the above second appeal, respectively.

2. Heard the learned counsel for the petitioner/appellant and the learned counsel for the third respondent. Despite service of notice effected and name also printed in cause list, none appeared on behalf of the fourth respondent.

3.The learned counsel for the third respondent has no objection in allowing these petitions.

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KRISHNAN RAMASAMY.J., dn 4.Therefore, considering the averments made in the affidavits filed in support of the respective petitions and also no objection being stated by the learned counsel for the third respondent, these petitions are allowed. 5.Registry is directed to carry out necessary amendments in the cause title within a period of two weeks.

6.List the Second Appeal in usual course.

20.09.2022 dn CMP.Nos.26223, 26225 & 26227 of 2019 & S.A.No.654 of 2005 https://www.mhc.tn.gov.in/judis