Dumu Mani v. K. Arjunan
Case brief
What is this about?
The single Judge allowed three miscellaneous petitions conterminous to condone a substantial delay in filing petitions to set-aside an order of abatement due to the death of the sole appellant and to rank legal heirs as appellants in the second appeal.
What did the court decide?
Petitions allowed; condonation of delay granted; legal heirs to be ranked as appellants;
What the court decided
C.M.P.Nos.15022, 15026 & 15028 of 2021 in S.A.No.505 of 2010
C.M.P.Nos.15022, 15026 & 15028 of 2021 in
S.A.No.505 of 2010
R. HEMALATHA, J.
These petitions are filed (i) to condone the delay of 2493 days in filing the petition to set-aside the order of the abatement caused due to the death of the sole appellant (ii) to set-aside the order of the abatement caused due to the death of the sole appellant (iii) to bring on record the legal heirs of the deceased sole appellant and rank them as appellants 2 to 8, respectively, in the second appeal.
- No representation for the respondent 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.505 of 2010 and list the matter after four weeks.
04.10.2021
mtl/ham
Issues for consideration
2 issues framed by the court
Whether to condone the delay of 2493 days in filing petitions to set-aside the order of abatement caused by the death of the sole appellant.
Whether to admit legal heirs of the deceased sole appellant as appellants in the second appeal.
Coram
R. Hemalatha
Case details
As recorded by the court registry
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