The single judge vacated C.M.P."s to allow petitions for condoning delay of filing the appeal to set aside abatement and adding legal representatives of the deceased fourth respondent, directing registry amendments.
Petitions allowed; Registry directed to print names of new respondents and amend the Second Appeal record.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.Nos.10747, 10742 & 10753 of 2021 in S.A.No.57 of 2008
C.M.P.Nos.10747, 10742 & 10753 of 2021
in S.A.No.57 of 2008
R. HEMALATHA, J.
These petitions are filed (i) to condone the delay of 783 days in
filing the petition to set-aside the abatement caused due to the death of the fourth respondent (ii) to bring on record respondents 6 and 7 herein who are the legal representatives of the deceased fourth respondent in the above second appeal as respondents 6 and 7 (iii) to set aside the abatement caused due to the death of the fourth respondent in the above second appeal, respectively.
2.The learned counsel for the respondents 1 and 2 did not raise
any serious objection in allowing these petitions and this Court is satisfied
with the reasons assigned in the affidavit filed in support of these
petitions. Hence, these petitions are allowed.
that the respondents 6 and 7 are served. Therefore, the Registry is directed to print the name of R6 and R7 in the cause list.
1/2
C.M.P.Nos.10747, 10742 & 10753 of 2021 in S.A.No.57 of 2008
R. HEMALATHA, J.
bga
the Second Appeal No.57 of 2008 and list the matter after four weeks.
21.09.2021
bga
C.M.P.Nos.10747, 10742 & 10753 of 2021
in S.A.No.57 of 2008
2/2
C.M.P.Nos.10747, 10742 & 10753 of 2021 in S.A.No.57 of 2008
26.08.2021
3/2
3 issues framed by the court
Whether to condone a delay in filing a petition to set aside abatement.
Whether to add legal representatives of the deceased respondent to the record.
Whether to set aside the abatement caused by death in the second appeal.
Appellants
Respondents 6 & 7
Respondents 1 & 2
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
