Three applications sought condonation of delay and impleadment of legal heirs due to abatement caused by the first appellant's death. The court found the reasons satisfactory and allowed the petitions, directing registry amendments and listing.
Petitions allowed; registry directed to carry out amendments and list matter after four weeks.
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C.M.P.Nos.11050, 11053 & 11054 of 2021 in S.A.No.449 of 2010
C.M.P.Nos.11050, 11053 & 11054 of 2021 in
S.A.No.449 of 2010
R. HEMALATHA, J.
These petitions are filed (i) to condone the delay of 820 days in filing the petition to set-aside the abatement caused due to the death of the first appellant (ii) to set-aside the abatement caused due to the death of the first appellant (iii) to bring on record the legal heirs of the deceased first appellant and rank them as the proposed appellants 4 to 8, respectively.
2.The learned counsel for the respondent did not raise any serious objection and this Court is satisfied with the reasons assigned in the affidavit filed in support of these petitions. Hence, these petitions are allowed.
3.The Registry is directed to carryout necessary amendments in the Second Appeal No.449 of 2010 and list the matter after four weeks.
02.09.2021
bga
1/2
C.M.P.Nos.11050, 11053 & 11054 of 2021 in S.A.No.449 of 2010
bga
R. HEMALATHA, J.
C.M.P.Nos.11050, 11053 & 11054 of 2021
in
S.A.No.449 of 2010
02.09.2021
2/2
2 issues framed by the court
Whether delay of 820 days in filing petition to condone abatement due to death of appellant is condonable.
Whether legal heirs of deceased first appellant can be brought on record as proposed appellants 4 to 8.
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
