The single judge allowed condonation of delay and set aside abatement in a second appeal to bring legal heirs on record as respondents.
Condonation of delay for 1459 days; abatement set aside; legal heirs brought on record; cause title to be amended.
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1
CMP.Nos.1672 to 1674 of 2010 in S.A.No.1779 of 1997
RMT.TEEKAA RAMAN,J.,
CMP.No.1672 of 2010 has been filed to condone the delay of 1459 days in filing an application to set aside the abatement caused due to the death of the
sole respondent in the second appeal. CMP No.1673 of 2010 has been filed to set aside the abatement caused due to the death of the sole respondent in the above second appeal. CMP.No.1674 of 2010 has been filed to bring on record the legal heirs of the deceased sole respondent as respondents 2 to 4 in the appeal.
2.Heard both sides. The factum of the death of the sole respondent in the appeal in S.A.No.1779 of 2010 as their legal representatives are not in dispute.
3.Considering the submissions made on behalf of the learned counsel for
the applicants and being satisfied with the reasons stated in the affidavit filed in support of these applications, in the interest of justice, all these applications are allowed.
4.Registry is directed to carry out the necessary amendment in the cause
title in three weeks.
16.08.2019
nvi
2
RMT.TEEKAA RAMAN,J.,
nvi
CMP.Nos.1672 to 1674 of 2010 in
S.A.No.1779 of 1997
16.08.2019
Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
