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Madras High CourtCMP/28880/2023allowed

P.P.R.Hariharan (Deceased) v. C.Manoharan

2024-08-29Honourable Mr.Justice K.Rajasekar3 pages

in S.A.No.225 of 2012 K.RAJASEKAR,J.

These petitions have been filed (i) to condone the delay of 1371 days in filing the petition to set aside the abatement caused due to the death of the deceased sole appellant namely P.P.R.Hariharan, (ii) to set aside the abatement caused due to the death of the deceased sole appellant namely P.P.R.Hariharan and (iii) to bring on record the legal representatives of the deceased sole appellant namely P.P.R.Hariharan as appellants in the above Second Appeal.

2. Heard the learned counsel for the petitioner in all the petitions.

3. It is reported that the sole appellant namely P.P.R.Hariharan died and the legal heirs have come to the knowledge about the pendency of the appeal only very recently after having received information from the counsel. It is also stated that no other person was following the case hence there was a delay in filing the petitions.

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K. RAJASEKAR, J.

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4. Considering the reasons stated in the affidavits filed in support of these petitions, this Court is inclined to condone the delay of 1371 days in filing the petition to set aside the abatement caused due to the death of the deceased sole appellant namely P.P.R.Hariharan, set aside the abatement and to bring on record the legal representatives of the deceased sole appellant namely P.P.R.Hariharan as appellants in the above Second Appeal.

5. Accordingly, these Civil Miscellaneous Petitions are allowed. 29.08.2024 ssi Index:Yes/No Speaking Order:Yes/No Note: Registry is directed to carry out necessary amendments in the cause title.

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in S.A.No.225 of 2012 3/3