R.Kumaran (Deceased) K.Centhil Kumaran v. Mr.R.Nagarajan (Deceased) Mr.R.Shanmugam
Case brief
What is this about?
Condonation of delay; setting aside abatement; death of 3rd defendant; re-presentation of applications vide A.SR.Nos.146559, 146560 and 146561 of 2024; 3-day delay; 957-day delay; no objection by respondents' counsel; Madras High Court; single-judge bench (A.A. Nakkiran, J.); order dated 17.02.2025; arises in C,S.No.550 of 2010 and CS.No.363 of 2012.
What did the court decide?
Both applications allowed: the delay of 3 days in re-presenting the applications vide A.SR.Nos.146559, 146560 and 146561 of 2024 (A.No.401 of 2025) and the delay of 957 days in seeking to set aside the abatement due to the death of the 3rd defendant (A.No.402 of 2025), the court being satisfied with the reasons stated in the affidavits and there being no objection from the respondents' counsel. ¶10