Radhakrishnan v. N.Govindaraju

C.M.P.Nos.2175, 2178 & 2182 of 2023 in S.A.No.760 of 2018 P.B.BALAJI,J.

These Civil Miscellaneous Petitions have been filed to condone the delay of 1205 days in filing this petition, to set aside the abatement in bringing the legal heirs of the 1st respondent Govindarajan and to permit the petitioners to bring on record the legal heirs of the deceased 1st respondent Govindarajan as respondents 7 to 11 in the above Second Appeal.

2. I have gone through the affidavit filed in support of this application and reasons assigned for not filing the applications in time and I found them to be satisfactory.

3. The Learned Counsel for the respondents who has been impleaded as 7th respondent objects to impleading other legal representatives since the deceased 1st respondent has executed a Will in his favour and therefore, they are not proper and necessary parties. Be that as it may, it is always open for the other legal heirs of the deceased Govindarajan to dispute the truth and genuineness of the Will. In any event, they have been served with Court notice as well as privately in all the C.M.P's and they have not chosen to appear. 1/3

Accordingly, these Civil Miscellaneous Petitions are ordered as prayed for and the respondents 8 to 12 in the C.M.P's shall be impleaded as respondents in the above Second Appeal.

07.03.2024 bsm Note: Registry is directed to carry out necessary amendment in the cause title. Post this matter on 21.03.2024 for filing hearing. 2/3

P.B.BALAJI,J.

bsm C.M.P.Nos.2175, 2178 & 2182 of 2023 in S.A.No.760 of 2018 07.03.2024 3/3