Kanagasabai v. Thangam

C.M.P. Nos. 19333 to 19335 of 2017 in S.A. No. 74 of 2010 T.V.THAMILSELVI, J.

These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 285 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of 2nd respondent, and to bring on record the proposed respondents 5 and 6 herein as legal representatives of deceased 2nd respondent.

2. The earlier order passed by this Court on 26.04.2022 dismissing the above Civil Miscellaneous Petitions are recalled.

3. Today, when the matters taken up for hearing, there is no representation on the side of petitioner. M/s.Usha Ramman, learned counsel for respondents 3 and 4 appeared and submitted that pending appeal, 2nd respondent died on 14.01.2023 and to implead her legal heirs, the above petitions have been filed.

4. Considering the facts and circumstances and being satisfied with the reasons assigned in the affidavit, all the petitions are allowed. The proposed legal representatives of the 2nd respondent are impleaded as respondents 5 and 6 in the above Second Appeal. The Registry is directed to carry out the necessary amendment in the cause title and also directed to issue notice to the newly added respondents 5 and 6 through court returnable by 04.10.2024. Private notice is also permitted.

5. The learned counsel for respondents is directed to pay batta within a week from today.

6. Post the matter on 04.10.2024.

27.08.2024 rpp

T.V.THAMILSELVI, J.

rpp C.M.P. Nos.19333 to 19335 of 2017 in S.A. No. 74 of 2010 27.08.2024