Allowed

Earikarai Thaikkal Masuthi v. Rajamanicka Gounder

Madras HC2 Sept 2024CMP/816/2023

Case brief

AI extract

What is this about?

Petitions to condone a 3415-day delay in seeking to set aside abatement caused by the death of the third respondent and to implead his legal heirs. The court allowed the petitions on payment of Rs.3000 costs, directing impleadment of respondents 9 to 15.

What did the court decide?

Delay of 3415 days condoned on payment of Rs.3000 cost; legal representatives to be impleaded as respondents 9 to 15.

Earikarai Thaikkal Masuthi Vs Rajamanicka Gounder — Succession and Inheritance | Madras HC (2024)

¶1

C.M.P. Nos.816, 817 & 821 of 2023 in S.A.No.454 of 2007

¶2

C.M.P.Nos.816, 817 & 821 of 2023

¶3

in S.A. No. 454 of 2007

¶4

T.V. THAMILSELVI, J.

¶5

These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 3415 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of 3^rd respondent, and to bring on record the proposed respondents 9 to 15 herein as legal representatives of deceased 3^rd respondent.

¶6

Mr.A.S.Kaizer, learned counsel for petitioner/appellant submitted that pending appeal, 3^rd respondent died on 30.03.2013. He would submit that the petitioner came to know about his death only on 01.09.2022 and after hectic efforts, he is able to get the particulars of his legal heirs and it is not due to any willful negligence on his part. However, the delay of 3415 days arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.

¶7

https://www.mhc.tn.gov.in/judis 1\3

¶8

C.M.P. Nos.816, 817 & 821 of 2023 in S.A.No.454 of 2007

¶9

Considering the facts and circumstances and being satisfied with

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the reasons assigned in the affidavit and in order to give one more opportunity, all the petitions are allowed on condition that the petitioner shall pay a cost of Rs.3000/- payable to the learned counsel for respondents within a period of one week from the date of receipt of copy of this order. On such payment of cost, the proposed legal representatives of the 3^rd respondent are to be impleaded as respondents 9 to 15 in the above Second Appeal. The Registry is directed to carry out the necessary amendment in the cause title and post the matter on 25.09.2024.

¶11

02.09.2024

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rpp

¶13

https://www.mhc.tn.gov.in/judis 2\3

¶14

C.M.P. Nos.816, 817 & 821 of 2023 in S.A.No.454 of 2007

¶15

T.V.THAMILSELVI, J.

¶16

rpp

¶17

C.M.P.Nos. 816, 817 & 821 of 2023 in S.A. No. 454 of 2007

¶18

02.09.2024 (1/2)

¶19

https://www.mhc.tn.gov.in/judis 3\3

Earikarai Thaikkal Masuthi v. Rajamanicka Gounder

Case brief

What is this about?

What did the court decide?

Earikarai Thaikkal Masuthi v. Rajamanicka Gounder

Case brief

What is this about?

What did the court decide?

What the court decided

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