Mariammal v. Sukri @ Veerasamy
Case brief
What is this about?
Allowed three Civil Miscellaneous petitions seeking to condone delay, set aside abatement due to the appellant's death, and bring legal heirs on record in a second appeal.
What did the court decide?
Applications allowed; Registry directed to amend cause title.
What the court decided
1
CMP.Nos.1909 to 1911 of 2008 in
S.A.No.689 of 2000
RMT.TEEKAA RAMAN,J.,
Paper publication for the proposed parties have been effected. Proof filed and taken on record. The Registry is directed to print the name of the respondents in the cause list.
- CMP.No.1909 of 2008 has been filed to condone the delay of 1345 days in filing an application to set aside the abatement caused due to the death of the first appellant in the second appeal. CMP No.1910 of 2008 has been filed to set aside the abatement caused due to the death of the first appellant in the above second appeal. CMP.No.1011 of 2008 has been filed to bring on record the legal heirs of the sole appellant as appellants 4 to 10 in the appeal.
3.Heard both sides. The factum of the death of the first appellant in the appeal in S.A.No.689 of 2000 and proposed parties are their legal representatives are not in dispute.
4.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.
5.Registry is directed to carry out the necessary amendment in the
Issues for consideration
3 issues framed by the court
Whether to condone the delay in filing application to set aside abatement caused by death of the appellant.
Whether to set aside the abatement caused due to the death of the first appellant.
Whether to bring legal heirs on record as successors in the appeal.
Parties & counsel
- applicant
Legal Representatives of First Appellant
- respondent
Respondents
Coram
RMT TEEKAA RAMAN
Case details
As recorded by the court registry
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