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2009 DIGILAW 4288 (MAD)

Panduranga Chettiar v. Manjini

2009-10-15

M.JAICHANDREN

body2009
Judgment :- The order passed by this Court, on 20.8.2009, in C.M.P.Nos.1783, 1784 and 1785 of 2008 in S.A.No.1533 of 1995, is as follows: "C.M.P.Nos.1783 of 2008: This petition has been filed to condone the delay of 2950 days in filing the application to bring on record the legal representatives of the deceased sole appellant Panduranga Chettiar. C.M.P.No.1784 of 2008: This petition has been filed to set aside the abatement caused due to the death of the sole appellant Panduranga Chettiar. C.M.P.No.1785 of 2008: This petition has been filed to bring on record the legal representatives of the deceased sole appellant Panduranga Chettiar and rank them as appellants 2 to 6 in the above second appeal. 2. Heard the learned counsels appearing for the parties concerned. 3. Considering the submissions made by the learned counsels appearing on behalf of the parties concerned and in view of the reasons stated in the affidavits filed in support of the petitions, these petition are allowed subject to the condition that the petitioners pay a sum of Rs.1,000/- (Rupees One thousand only) to the respondent, within a period of four weeks from today, failing which this order would stand cancelled, automatically, without further reference to this Court." 2. Even though the time of four weeks granted by this Court, the petitioners had not complied with the condition imposed by this Court, within a period of four weeks granted for the said compliance. In such circumstances, the second appeal stands abated. No costs.