A habeas/application petition seeking to set aside abatement in a second appeal due to the sole appellant's death was allowed after the respondents raised no objection, with a direction to amend records.
Petition allowed; Second Appeal amended; Case listed on 17.10.2023.
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C.M.P.No.20712 of 2023 in
S.A.No.1459 of 2010
C.KUMARAPPAN J.
This petition has been filed to
set aside the abatement caused due to the death of the sole appellant in the above appeal.
2.The learned Counsel for the respondents has no serious objection in allowing this petition.
3.Hence, considering the
submission made by the learned counsel for the appellant and having satisfied with the averments made in the affidavit, this petition is allowed.
05.10.2023
smn
Note: Registry is directed to carryout necessary amendment in the Second Appeal and list the same on 17.10.2023.
2 issues framed by the court
Whether the abatement caused by the death of the sole appellant should be allowed to be set aside.
Whether the registry is directed to amend second appeal records in light of the death of the sole appellant.
Deceased Appellant's Legal Representative
Respondents
C.KUMARAPPAN J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
