Mani v. Dayalan

R.SAKTHIVEL, J.

C.M.P.No.22655 of 2022 is filed to condone the delay of 293 days in filing the petition to set aside the abatement caused due to the death of the 2nd respondent, viz., Balaji, in the above Second Appeal (S.A.No.141 of 2021) on the file of this Court.

2. C.M.P.No.22656 of 2022 is filed to set aside the abatement caused due to the death of the 2nd respondent, viz., Balaji, in the above Second Appeal (S.A.No.141 of 2021) on the file of this Court.

3. C.M.P.No.22658 of 2022 is filed to bring on record 'Yasodha' aged about 51 years, as the legal representative of the deceased 2nd respondent, viz., Balaji and rank her as 8th respondent in the above Second Appeal (S.A.No.141 of 2021) on the file of this Court.

4. Mr.T.Dhanasekaran, learned counsel for the appellant, Mr.J.Agni Selvaraju, learned counsel for R1, R3 to R5 & R7, are before this Court.

5. Heard the learned counsel for the appellant and learned counsel for R1, R3 to R5 & R7.

6. This Court has perused the affidavits filed in support of these petitions.

7. The 2nd respondent in the main appeal, namely Balaji, S/o Dayalan, passed away on 03.10.2019 as Bachelor, leaving behind him the 1st respondent Dayalan and the proposed 8th respondent Yasodha.

8. Accepting the reasons stated in the affidavits filed in support of these petitions, this Court is inclined to allow these petitions.

9. Accordingly, these petitions are allowed.

01.10.2024 raja (1/2)

R.SAKTHIVEL, J.

raja 01.10.2024 (1/2)