Devamanogari And 8 Others v. Kothandan (Deceased) And 4 Others

A.No.6528, 6529 & 6530 of 2023 in A.No.4001 of 2023 N.SATHISH KUMAR, J.

These applications have been filed to condone the delay of 418 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 6 to 9 as the legal representatives of the third respondent in the Original Petition.

2. The Original Petition has been filed for probate of the Will of the grand father of the applicants, viz T.V.Anandan. The third respondent is the brother of the testator T.V.Anandan and the proposed respondents are sons 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 6 to 9 have to be recognized as the legal heirs of the deceased third respondent, to advance substantive justice.

4. Accordingly, these applications are Ordered.

5. Notice to the newly impleaded respondent returnable by 18.01.2024. Private notice is also permitted.

6. The applicants are directed to carry out necessary amendments in the Original Petition and https://www.mhc.tn.gov.in/judis filed amended copy of the application by then. vrc 12.12.2023