These petitions were condoned yielding the delay in setting aside abatement after the sole respondent's death and bringing legal representatives on record as respondents in an unadmitted second appeal. The court allowed the petitions.
Petitions allowed; Registry directed to amend record to reflect death and bring legal representatives on record.
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C.M.P.Nos.25495, 25496 & 25501 of 2023 in
S.A.No.1176 of 2009
C.V.KARTHIKEYAN, J.
These petitions have been filed seeking to condone the delay of 407 days in filing petition to set aside abatement consequent to the death of the sole respondent, to set aside abatement and to bring on record his legal representative as the 2nd to 4th respondents.
2.In the affidavit filed in support of these petitions, it had been contended that the sole respondent had died on 06.01.2021 and that the petitioner was not aware of the death and did not get the details about the legal representatives and immediately after he came to know the details, he had given instructions to the counsel to file these petitions.
3.Notice had been directed to the proposed respondents and the learned counsel Ms.Sarada for Mr.T.Saikrishnan had appeared on behalf of the respondents.
4.The Second Appeal has not yet been admitted. The learned counsel for the appellants will have to argue the appeal on merits. However, these petitions are allowed.
C.V.KARTHIKEYAN, J. smv
4.The Registry to carry out necessary amendment reflecting the death of the
sole respondent and bring on record his legal representatives as 2nd to 4th respondents.
11.07.2025
smv
C.M.P.Nos.25495, 25496 & 25501 of 2023 in S.A.No.1176 of 2009
C.M.P. Nos. 25495, 25496 & 25501 of 2023
S.A. No. 1176 of 2009
Mr. T. Saikrishnan
C.V. KARTHIKEYAN
As recorded by the court registry
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