Vaiyapuri v. Rk Krishnan
Case brief
What is this about?
Allowed three miscellaneous petitions to condone a 333-day delay, setting aside abatement and bringing proposed respondents/legal heirs on record in Second Appeal No.791 of 2007.
What did the court decide?
Condoned 333 days delay, set aside abatement, allowed petitions, and ordered registry amendments.
What the court decided
C.M.P.Nos.25256 to 25258 of 2023
in S.A.No.791 of 2007
C.KUMARAPPAN, J.,
These miscellaneous petitions in C.M.P.Nos.25256 to 25258 of 2023 are filed to (i) condone the delay of 333 days in setting aside the abatement,
(ii) set aside the abatement,
(iii)bring on records of the proposed respondents/legal heirs of the deceased first respondent, respectively.
2.The learned counsel for the appellant would submit that the proposed 4th respondent viz. , Papathi is died, however, her legal heirs are already on record as proposed respondents 5 to 9.
3.Heard the learned counsel for the petitioner. There is no serious objection on behalf of the respondents.
- Considering the reasons that have been set out for the delay, set aside the abatment and to bring on records of the proposed respondents and also having been satisfied with the same, these petitions are allowed and the memo filed by the appellant is taken on record. Registry is directed to make necessary amendments in the second appeal in S.A.No.791 of 2007 as well as in C.M.P.Nos.25256 to 25258 of 2023.
Issues for consideration
2 issues framed by the court
Whether delay of 333 days in filing miscellaneous petitions for condonation of time, abatement, and impleadment of legal heirs is condonable?
Whether abatement in the second appeal be set aside and legal heirs be brought on record?
Parties & counsel
- appellant
Appellant
- respondent
Proposed Respondents/Legal Heirs
Coram
C.KUMARAPPAN, J.
Case details
As recorded by the court registry
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