Poongodi And 2 Others v. P.Baskaran And 5 Others

A.No.6360, 6361 & 6363 of 2023 in O.P.No.237 of 2023 N.SATHISH KUMAR, J.

These applications have been filed to condone the delay of 1096 days in filing an application to set aside the abatement caused due to the death of the 3rd respondent and to set aside the Order of abatement passed against the 3rd respondent and bring on record the respondents 4 to 6 as the legal representatives of the third respondent in the Original Petition.

2. The Original Petition has been filed for Letters of Administration of the Will of one R.Parthasarathy. The third respondent is the daughter of the testator R.Parthasarathy and the proposed respondents are husband and daughters of the third respondent.

3. Considering the nature of dispute between the parties, the delay has to be condoned, the abatement is liable to be set aside and the proposed respondents 4 to 6 have to be recognized as the legal heirs of the deceased third respondent, to advance substantive justice.

4. Accordingly, these applications are Ordered.

https://www.mhc.tn.gov.in/judis 01.12.2023 vrc