Short order allowing CMPs to condone delay in setting aside abatement and to implead legal heirs of a deceased first respondent in a second appeal. Registry directed to amend cause title.
Applications allowed; registry directed to amend cause title within three weeks.
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CMP.Nos.784 to 786 of 2013 in S.A.No.764 of 2001
RMT.TEEKAA RAMAN,J.,
CMP.No.784 of 2013 has been filed to condone the delay of 4007 days in filing an application to set aside the abatement caused due to the death of the first respondent in the second appeal. CMP No.785 of 2013 has been filed to set aside the abatement caused due to the death of the first respondent in the above second appeal. CMP.No.786 of 2013 has been filed to bring on record the legal heirs of the deceased first respondent as respondents 5 to 9 in the appeal.
2.The factum of the death of the first respondent viz., Pillappa @ Pillaiah in S.A.No.764 of 2001 and the respondents 5 to 9 are his 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 within a period of three weeks.
22.08.2019
nvi
2
RMT.TEEKAA RAMAN,J.,
nvi
CMP.Nos.784 to 786 of 2013 in
S.A.No.764 of 2001
22.08.2019
3
3 issues framed by the court
Whether to condone the delay in filing application to set aside abatement due to death of a party.
Whether to set aside abatement caused by death of the first respondent in the second appeal.
Whether to bring legal heirs of the deceased first respondent on record.
Unidentified Applicants
Unidentified Legal Representatives
RMT TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
