This order allowed petitions filed by the legal heirs of the deceased sole appellant in a Second Appeal (S.A.No.883 of 2018) to set aside the abatement caused by his death, permitting the heirs to be brought on record.
Petitions allowed; legal heirs brought on record; appeal listed for final hearing on 19.12.2024.
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.
CMP. 25319 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-12-2024
CORAM
THE HONOURABLE MRS JUSTICE R. HEMALATHA
CMP. 25319 & 25388 of 2024 in
S.A.No.883 of 2018
G.RAVIKUMAR(DIED) 1.KALAIYARASI W/O. LATE G.RAVIKUMAR, RES. AT 4/124, PALLALAKUPPAM VILLAGE AND POST, PERNAMBUT TALUK, PALLALAKUPPAM, VELLORE DISTRICT. AND 3 OTHERS
APPELLANT(S)
Vs
SIVAGAMIAMMAL W/O. RAJAGOPAL, RES. AT PALLALAKUPPAM VILLAGE, GUDIYATHAM TALUK, VELLORE DISTRICT. AND ANOTHER
RESPONDENT(S)
For Appellant(s): Mr.N. Manoharan
For Respondent(s): Mr.K.Govi Ganesan
ORDER
(Order of the Court was made by the Hon'ble R. Hemalatha J)
These petitions are filed (i) to set-aside the order of the abatement caused due to the death of
the sole appellant (ii) to bring on record the legal heirs of the deceased sole appellant and
rank them as appellants 2 to 5, respectively in the above appeal.
2. Mr.K.Govi Ganesan, learned counsel appearing for the first respondent did not raise any https://www.mhc.tn.gov.in/judis
serious objection in allowing the petitions.
3. Having satisfied with the reasons assigned in the affidavit filed in support of these
petitions, these petitions are allowed.
4. The Registry is directed to carryout necessary amendments in the Second Appeal No.883
of 2018 and list the same for final hearing on 19.12.2024.
(R. HEMALATHA J.) 09-12-2024
To
1. SIVAGAMIAMMAL
W/O. RAJAGOPAL, RES. AT PALLALAKUPPAM VILLAGE, GUDIYATHAM TALUK, VELLORE DISTRICT.
W/O. PERUMAL, RES. AT PALLALAKUPPAM VILLAGE, GUDIYATHAM TALUK, VELLORE DISTRICT.
V.UMAMAGESWARI
2 issues framed by the court
Whether petitions to set aside abatement due to the death of the sole appellant as a filer of a Second Appeal carry水中.
Whether the legal heirs can be brought on record and ranked as additional appellants.
Kalaiyarasi W/O. Late G.Ravikumar
Sivagamiyammal W/O. Rajagopal
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
