Thangaraj (Died), 1.CHITHIRAN(Died) 2.V.Pitchan 2. v. K.Pitchan
Civil Procedure – Abatement – Death of appellant during pendency of Second Appeal
Case brief
What is this about?
Madras High Court, Madurai Bench; CMP(MD) Nos. 17237, 17243 & 17244 of 2025 in SA(MD) No. 657 of 2022; order dated 05-11-2025 by P. Vadamalai, J.; condonation of 107 days' delay; abatement due to death of Chithiran, 1st appellant, set aside; petitioner Nos. 6 and 7 brought on record as legal heirs and ranked as appellant Nos. 6 and 7; petitioners' counsel Ms. K. Ashika; 1st respondent K. Pitchan represented by Mr. K. R. Laxman, who raised no objection; petitions allowed; no statute or precedent discussed.
What did the court decide?
Delay of 107 days in filing the application to set aside the abatement condoned; abatement caused by the death of Chithiran (1st appellant) set aside; petitioner Nos. 6 and 7 brought on record as legal heirs of the deceased 1st appellant and ranked as appellant Nos. 6 and 7 in S.A.(MD)No.657 of 2022. ¶60