P.Kannammal v. Nagammal

C.M.P.Nos.22170, 22174 and 22179 of 2022 in A.S.No.1255 of 2015 C.M.P.Nos.22170, 22174 and 22179 of 2022 in A.S.No.1255 of 2015 S.S.SUNDAR,J A N D P.B.BALAJI,J (Order of the Court was made by S.S.SUNDAR,J) C.M.P.No.22170 of 2022 has been filed to condone the delay of 2427 days in filing the petition to set aside the abatement caused due to the death of the first respondent.

2. C.M.P.No.22174 of 2022 has been filed to set aside the abatement caused due to the death of the first respondent in the Appeal Suit.

3. C.M.P.No.22179 of 2022 has been filed to bring on record the proposed respondents 8 and 9, viz., G.Kumarasamy (son) and Thaivathal (Daughter) as the legal representatives of the deceased first respondent Nagammal @ Nagathal, respectively and rank them as respondent Nos.8 and 9 in Appeal Suit No.1255 of 2015.

4. Heard Mr.A.G.Abishek, learned counsel for the petitioners.

5. Mr.S.Thangavel, learned counsel undertakes to file vakalat for the respondents 10 to 17.

https://www.mhc.tn.gov.in/judis Page No:1/2

C.M.P.Nos.22170, 22174 and 22179 of 2022 in A.S.No.1255 of 2015 S.S.SUNDAR,J A N D P.B.BALAJI,J mvs.

5. Though notice issued to the proposed respondents was returned, with an endorsement "no such person", this Court on the petition filed by the petitioners, ordered substituted service and substituted service was taken and reported before this Court by an affidavit filed by the petitioners.

6. This Court, is convinced with the reasons stated in the affidavits filed for delay. The relationship is not in issue. Having regard to the facts narrated in the affidavits filed in support of these petitions, these Miscellaneous Petitions are ordered as prayed for. (S.S.S.R., J.) (P.B.B., J.) 13th March 2023.

mvs.

C.M.P.Nos.22170, 22174 and 22179 of 2022 in A.S.No.1255 of 2015 https://www.mhc.tn.gov.in/judis Page No:2/2