A/M Koppa Nachiamman Mathalai v. Subramania Gounder (Died)

Dr.G.JAYACHANDRAN,J.

(The case has been heard through video conferencing) The appellant is the temple, who is the 10th defendant in O.S.No.167 of 1986, filed the Second Appeal against the decree of injunction granted in favour of the legal heirs of the Nachimuthu Gounder and others.

2. Mr.R.T.Duraisamy, the learned counsel for the appellant is ready.

3. In this case, pending Second Appeal the respondents 1, 2 and 4 died. The appellant has taken necessary steps to bring them on record as legal representatives of the deceased respondents 1, 2 and 4. As far as the 5th respondent is concerned, petition to bring the legal representatives has already been ordered and they are on record.

4. Mr.K.Muthukumarasamy, who is appearing for the respondents 3, 6 to 8 and 23, informed to the Court that the proposed respondents who are the legal representatives of the deceased 1, 2 and 4 have contacted and instructed 1/3

to appear on behalf of them. Hence, he undertakes to file vakalat on behalf of the proposed respondents.

5. Taking note of the long pendency including the LR petition filed by the appellant in S.A.No.212 of 1995 to bring the legal representatives of the deceased respondents, which is pending for the past 5 years, this Court is of the view that the other respondents who are alive are representing by the learned counsel already served notice and they have contacted the counsel, to give a fair opportunity to conduct their case, the application to condone delay, to set aside the abatement and to bring their legal representatives of the deceased respondents, which are numbered by the Registry in C.M.P.No.260 to 268 of 2015 are allowed.

6. Post the matter on 22.12.2020 16.12.2020 rpl Note:The Registry is directed to carry out necessary amendment. 2/3

Dr.G.JAYACHANDRAN,J.

rpl 16.12.2020 3/3