Allowed

Ravi Krishna (Deceased) 1.Rajeev Krishna and 5 others v. Arun Krishna Agarwal (Deceased) Dhruv Krishna Agarwal (Deceased) 1.Arvind Krishna Agarwal and 5

Madras HC1 Jun 2023A/2130/2023

Case brief

AI extract

What is this about?

The court disposed of multiple applications filed to condone delays and permit the substitution of deceased parties with their legal representatives in a suit for specific performance, allowing the amendments to proceed.

What did the court decide?

Applications allowed; applicant counsel directed to carry out necessary amendment and file amended plaint.

Ravi Krishna (Deceased) 1.Rajeev Krishna and 5 others Vs… — Specific Performance | Madras HC (2023)

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A.Nos.2130 to 2138 of 2023 in C.S.No.1003 of 2005

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R.N.MANJULA,J.

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These application in A.No.2130 of 2023 has been filed to condone the delay of 1102 days in filing the application to set aside the abatement caused by the death of the first plaintiff; A.No.2131 of 2023 has been filed to set aside the abatement caused by the death of the first plaintiff; A.No.2132 of 2023 has been filed to bring on record the applicants 4 to 6 as legal representatives of the deceased first plaintiff and implead them as plaintiffs 5 to 7 in the above suit. A.No.2133 of 2023 to condone the delay of 877 days in filing the application to set aside the abatement caused by the death of the first defendant; A.No.2134 of 2023 has been filed to set aside the abatement caused by the death of the first defendant; A.No.2135 of 2023 has been filed to bring on record the respondents 3 and 4 as legal representatives of the deceased first defendant and implead them as defendants 6 and 7; A.No.2136 of 2023 has been filed to condone the delay of 496 days in filing the application to set aside the abatement caused by the death of second defendant; A.No.2137 of 2023 has been filed to set aside the abatement caused by the death of the second defendant; A.No.2138 of 2023 has been filed to bring on record the respondents 5 & 6 as legal representatives of the deceased second defendant and implead them as defendants 8 and 9 in the above suit.

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Page No.1 of 2

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

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R.N.MANJULA,J.

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gsk

¶8

The suit is filed for specific performance and these applications have been filed consequent to the death of the first plaintiff and the defendants 1 and 2. Unless these applications are disposed and the legal heirs of the deceased parties are brought on record in the interest of justice, further proceedings in this matter is not possible.

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Considering the legal formalities to be complied, these applications

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are allowed.

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The learned counsel for the applicants is directed to carry out the

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necessary amendment and file the amended copy of the plaint.

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01.06.2023

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gsk

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A.Nos.2130 to 2138 of 2023 in C.S.No.1003 of 2005

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Page No.2 of 2

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

Ravi Krishna (Deceased) 1.Rajeev Krishna and 5 others v. Arun Krishna Agarwal (Deceased) Dhruv Krishna Agarwal (Deceased) 1.Arvind Krishna Agarwal and 5

Case brief

What is this about?

What did the court decide?

Ravi Krishna (Deceased) 1.Rajeev Krishna and 5 others v. Arun Krishna Agarwal (Deceased) Dhruv Krishna Agarwal (Deceased) 1.Arvind Krishna Agarwal and 5

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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