S.K. Kandasamy v. Subbaraya Gounder (Died)

C.M.P.Nos.774 to 776 of 2011 in A.S.No.676 of 2004 C.M.P.Nos.774 to 776 of 2011 in A.S.No.679 of 2004 Dr.G.JAYACHANDRAN,J.

(The case has been heard through video conferencing) In the light of the death of sole respondent, the appellant has taken out these three petitions to condone the delay of 904 days in filing the petition, to set aside the abatement caused due to the death of the sole respondent and to bring on record the respondents 2 and 3 namely Lakshmi and Anghathal as legal representatives of the deceased sole respondent namely Subbaraya gounder.

2. After notice, the proposed 3rd respondent Anghathal has entered appearance through her counsel. Meanwhile, the learned counsel for the appellant has filed a memo dated 21.12.2020 received by the Registry on 22.12.2020 stating that pending petitions to bring legal representatives of the deceased sole respondent, the proposed 2nd respondent namely Lakshmi who is the daughter of the deceased sole respondent also died and the proposed 3rd respondent confirmed the said fact.

DR.G.JAYACHANDRAN,J.

https://www.mhc.tn.gov.in/judis/ 1/2

C.M.P.Nos.774 to 776 of 2011 in A.S.No.676 of 2004 rpl

3. In the light of the above submissions, the C.M.P.Nos.774 to 776 are allowed.

4. The Registry is directed to carry out the necessary amendment impleading the proposed 2nd and 3rd respondents as legal representatives of the deceased sole respondent and also to record the proposed 3rd respondent as surviving legal representative in both the A.S.No.676 of 2004 as well as A.S.No.251 of 2006.

5. At the request of the learned counsel for the appellant, matter is adjourned to 19.01.2021.

06.01.2021 rpl C.M.P.NoNos.774 to 776 of 2011 in A.S.No.676 of 2004 https://www.mhc.tn.gov.in/judis/ 2/2