Cr.Marudhachalam(Died) v. K.Palanichamy (Died)

CMP.Nos.456, 458 & 460/2023 in AS.No.660/2009 S.S.SUNDAR, J., and P.B.BALAJI, J., [Order of the Court was made by S.S.SUNDAR,J.] These petitions are filed to condone the delay of 979 days in filing the petition to set aside the abatement caused due to the death of the 4th respondent in the appeal ; to set aside abatement and to bring on record, the legal representatives of the deceased 4th respondent as respondents 21 to 24 in the above appeal in AS.No.660/2009.

2.Learned counsel appearing for the 24th respondent has no objection. Learned counsel appearing for the 21st respondent states that she has objection for recording the 24th respondent as the legal representative of the deceased 4th respondent.

3.By impleading the 24th respondent, we are not deciding the right as such of 24th respondent. However, with the liberty reserved to the 21st respondent to raise this objection at the time of final hearing, the 24th respondent is permitted to participate in the proceedings.

4.The petitioners have also given reasons to the satisfaction of this Court explaining delay in the affidavit filed in support of the condone delay petition.

5.Since the relationship of the parties and the facts are not in issue, the above Civil Miscellaneous Petitions are ordered.

[SSSRJ] [PBBJ] 22.02.2023 AP Internet: Yes https://www.mhc.tn.gov.in/judis