M.S.Moorthy v. S.Kamadevan
Case brief
What is this about?
This order allowed three civil miscellaneous petitions filed to condone a delay of 194 days in filing a petition to set aside abatement caused by the death of the third respondent and to substitute appropriate legal representatives.
What did the court decide?
All miscellaneous petitions were allowed; the court is inclined to allow them based on the affidavit stating reasons for the delay.
What the court decided
C.M.P.Nos.6284, 6286 & 6289 of 2023 in C.R.P.No.920 of 2021
C.M.P.Nos.6284, 6286 & 6289 of 2023 in C.R.P.No.920 of 2021
SATHI KUMAR SUKUMARA KURUP, J.,
(1)The above miscellaneous petitions have been filed to condone the delay
of 194 days in filing the Petition to set aside the abatement caused due to the death of the 3rd respondent, by name, I.Rahamathullah; to set aside the abatement the death of the 3rd Respondent, by name, I.Rahamathullah; and to bring on record the legal representatives of the deceased 3rd Respondent, namely Respondents 5 to 7, namely, [1]R.Firuthouse, [2]R.Ayesha Shashinin, [3]R.Hameed Thariq Fbrahim, in the above Civil Revision Petition.
- (2)Being satisfied with the reasons stated in the affidavit, this Court is inclined to allow all the above Civil Miscellaneous Petitions.
- (3)Hence, C.M.P.Nos.6284, 6286 & 6289 of 2023 in C.R.P.No.920 of 2021
are ordered .
(4)Registry is directed to carry out necessary amendments in the cause title.
14.06.2023
Issues for consideration
1 issue framed by the court
Whether a petition filed on the ground of death of a party with condonation of delay should be allowed.
Parties & counsel
- petitioner
SATHI KUMAR SUKUMARA KURUP
- respondent
I.Rahamathullah (deceased)
- respondent
R.Firuthouse
- respondent
R.Ayesha Shashinin
- respondent
R.Hameed Thariq Fbrahim
Case details
As recorded by the court registry
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