Rajeswari v. Narayanan
Case brief
What is this about?
Court allowed applications to implead legal representatives of a deceased second respondent in a pending civil appeal after noting abatement due to delay. Court directed filing of amended clean copy and registry to carry out necessary amendment.
What did the court decide?
Applications to implead legal representatives of the deceased 2nd respondent allowed; additional time fixed for final disposal.
What the court decided
C.M.P.Nos.14345, 14347 & 14343 of 2021 in A.S.No.779 of 2012
C.M.P.No.14349 to 14351 of 2021 in A.S.No.780 of 2012
Dr.G.Jayachandran, J.
Pending appeal, the 2nd respondent died and the present applications are taken out to bring the LRs of the deceased 2nd respondent. While taking the applications, there is also incidentally a delay of 1938 days, which has caused abatement of the appeal as against the 2nd respondent.
- On going through the averments made in the affidavit, this Court is of the view that the suit for declaration of title and the main contesting party is the 1st respondent, who is represented through counsel. As far as the deceased 2nd respondent, the LRs are to be impleaded for completion of adjudication hence petitions allowed.
- Post the main appeal on 01.03.2022 for final disposal.
- The learned counsel for the appellant is directed to file amended clean copy.
09.02.2022
rpl
1/2
Parties & counsel
- respondent
1st respondent
- respondent
2nd respondent (deceased)
- other
Legal Representatives of the 2nd respondent
Coram
Case details
As recorded by the court registry
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