Allowed three Civil Miscellaneous Petitions to bring on record legal heirs, condone delay in setting aside abatement, and set aside abatement caused by the death of the first respondent in Second Appeal No.1484 of 2008. Directs registry to amend and post for hearing.
Petitions allowed; registry to amend Second Appeal and post it for final hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.Nos.10899, 10902 and 10903 of 2023 in S.A.No.1484 of 2008
C.M.P.Nos.10899, 10902 and 10903 of 2023
in S.A.No.1484 of 2008
C.KUMARAPPAN, J.
Civil Miscellaneous Petition No.10899 of 2023 has been filed
seeking to bring on record the proposed respondents 2 and 3 herein, viz., R.Visalakshi and M.Sanjeev as the legal heirs of the deceased first respondent in S.A.No.1484 of 2008.
1.1. Civil Miscellaneous Petition No.10902 of 2023 has been filed
seeking to condone the delay of 270 days in filing the petition to set aside the abatement caused due to the death of the first respondent, viz., R.Maruthachalam in S.A.No.1484 of 2008.
1.2. Civil Miscellaneous Petition No.10903 of 2023 has been filed
seeking to set aside the abatement caused due to the death of the first respondent, viz., R.Maruthachalam in S.A.No.1484 of 2008.
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C.M.P.Nos.10899, 10902 and 10903 of 2023
in S.A.No.1484 of 2008
counsel for the petitioners and having considered the petitioners' affidavits
in support of these petitions, it is appropriate to allow these miscellaneous petitions.
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Note: Registry is directed to carry out necessary amendments in the Second Appeal pursuant to the aforesaid order and post the above Second Appeal after one week for final hearing.
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C.M.P.Nos.10899, 10902 and 10903 of 2023
in S.A.No.1484 of 2008
C.KUMARAPPAN, J.
kv
C.M.P.Nos.10899, 10902 and 10903 of 2023 in S.A.No.1484 of 2008
05.12.2024 2/3
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3 issues framed by the court
Whether to bring on record the legal heirs of a deceased party in an abated Second Appeal.
Whether to condone the delay in filing the petition to set aside abatement caused by a party's death.
Whether to set aside the abatement of the Second Appeal due to the death of the first respondent.
R.VISALAKSHI and M.SANJEEV (Proposed Respondents 2 and 3)
R.MARUTHACHLAM (Deceased First Respondent to Second Appeal)
CKUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
