Shanmugadevi v. K.V. Kumarasamy

CMP.No.28184 of 2024 in SA.SR.No.160150 of 2024 CMP.No.28184 of 2024 in SA.SR.No.160150 of 2024 S.SOUNTHAR,J.

The learned counsel for the petitioners filed a memo stating that legal representatives of 1st respondent are already on record as petitioners 1 to 3. The memo filed by the learned counsel for the petitioners dated 06.04.2026 is taken on file and the petitioners/appellants are recorded as legal representatives of 1st respondent.

2. The learned counsel for the petitioners also filed a memo dated 06.04.2026 stating that 4th respondent remained exparte before the courts below and hence, petitioners may be exempted from bringing the legal representatives of 4th respondent on record as per Order XXII Rule 4(4) of CPC. The memo is recorded and the petitioners are exempted from impleading the legal representatives of 4th respondent.

3. Heard the learned counsel for the petitioners and the learned counsel for the contesting respondents.

4. This Court perused the affidavit filed in support of condone delay petition and counter affidavit of the 2nd respondent. 1/2 https://www.mhc.tn.gov.in/judis

CMP.No.28184 of 2024 in SA.SR.No.160150 of 2024 S.SOUNTHAR,J.

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5. Having satisfied with the reasons assigned in the affidavit filed in support of the petition, the delay of 313 days in filing the second appeal is condoned.

6. Registry is directed to number the second appeal, if it is otherwise in order and list the same for admission.

7. Registry is further directed to print the name of 2nd respondent at the time of admission.

09.04.2026 nr CMP.No.28184 of 2024 in SA.SR.No.160150 of 2024 2/2 https://www.mhc.tn.gov.in/judis