Allowed

K. M Subranaian (Died) v. Palaniammal (Died)

Madras HC22 Dec 2022CMP/1496/2010

Case brief

AI extract

What is this about?

The court allowed petitions to condone delay, set aside abatement caused by the death of appellants and respondent, and record the legal representatives as parties in Subordinate Judge Appeals C.M.P.Nos. 18724-18726 of 2001 and 1496-1498 of 2010.

What did the court decide?

Petitions allowed; abatement set aside; legal representatives recorded as parties; registry directed to amend cause titles.

K. M Subranaian (Died) Vs Palaniammal (Died) — Madras HC (2022) — LawSathi Research

¶1

C.M.P.Nos.18724, 18725 & 18726 of 2001 in S.A.No.1535 of 2000 P.T.ASHA, J.,

¶2

The above petitions are filed to condone the delay of 235 days in filing the above petition, to set aside the abatement caused due to death of the 2nd appellant and to bring on record the petitioners 4 to 8 as the LRs of the deceased 2^nd appellant as the proposed appellants 5 to 9 in the above appeal.

¶3

Considering the fact that the sufficient reasons have been given in the affidavit filed in support of the petitions. Hence, the above petitions are ordered as prayed for.

¶4

While these petitions were pending the 1^st appellant (K.M.Subramanian) had passed away. The sons of the deceased 1^st appellant are the deceased 2^nd appellant and the 3^rd appellant.

¶5

Considering the fact that the LRs of the deceased 1^st appellant are already on record, now the appellants 3 to 9 are recorded as the LRs of the deceased 1^st appellant.

¶6

The Registry is directed to carry out the necessary amendment.

¶7

https://www.mhc.tn.gov.in/judis

¶8

shr

¶9

C.M.P.Nos.1496, 1497 & 1498 of 2010 in

¶10

S.A.No.1535 of 2000 P.T.ASHA, J.,

¶11

The above petitions are filed to condone the delay of 1055 days in filing the above petition in setting aside the abatement caused due to the death of the sole respondent, to set aside the abatement caused due to the death of Palaniamma, sole respondent and to bring on record the respondents 2 and 3 as the LRs of the deceased sole respondent.

¶12

By order dated 14.09.2022, this Court had permitted the appellant to take substituted service on respondents 2 and 3 in Tamil Daily, Makkal Kural indicating the date of hearing as 28.10.2022. The publication to that effect has also been effected on 20.09.2022, copy of which has been filed and their names have also been printed in the cause title. Therefore, the above petitions are ordered as prayed for.

¶13

The Registry is directed to carry out the necessary amendment.

¶14

22.12.2022 (2/2)

¶15

shr

¶16

https://www.mhc.tn.gov.in/judis

K. M Subranaian (Died) v. Palaniammal (Died)

Case brief

What is this about?

What did the court decide?

K. M Subranaian (Died) v. Palaniammal (Died)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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