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Madras High CourtCMP(MD)/8536/2024ordered

A. Shanmugavel(Died), S/O. Andi Thevar, 1. Damayanthi, v. Thirumalai Selvi,

2026-01-23Honourable Mr Justice K.Murali Shankar2 pages

C.M.P.(MD) Nos.8536, 8539 & 8541 of 2024 in S.A.(MD)No.624 of 2019 K.MURALI SHANKAR,J.

The above petitions have been filed (i) to condone the delay of 17 days in filing the petition to set aside the abatement caused due to the death of the sole appellant (ii) to set aside the abatement caused due to the death of the sole appellant and (iii) to bring on record the petitioners 1 to 4 legal representatives of the deceased appellant and rank them as appellants 1 to 4 in the above second appeal. 2.Heard the learned counsel for the petitioners as well as the learned counsel for the respondents 1 and 2.

3.Despite receipt of notice, the fifth respondent has not turned up. It is represented that the respondents 3 and 4 died.

4.Considering the reasons assigned and also taking note of the quantum of delay, this Court is inclined to condone the delay. Accordingly, that petition is allowed. Since the other applications are consequential and the same are also allowed. The Registry is directed to carry out necessary amendment in the second appeal and list the matter on 11.02.2026.

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