Munivenkatappa v. Chinnavenkattappa

CMP Nos.4553, 4556 to 4560 and 4562 to 4564 of 2020 in S.A.No.360 of 1997 DR.G.JAYACHANDRAN,J.

Private notice to the proposed respondents served. No representation on their behalf.

2. These applications are taken out by the appellant to condone delay in filing petitions to set aside the abatement caused due to the death of the fifth, seventh and eighth respondents. There is a delay of 2686 days, 3937 days and 2679 days respectively in filing the petitions to set aside the abatement of the deceased 5th ,7th and 8th respondents. The legal heirs of these respondents are respondents 10 to 15 in the applications above.

3. Learned counsel appearing for the fourth respondent, who is the contesting respondent, after the demise of the sole appellant pending appeal, reports no objection. In the light of the fact that the deceased respondents 5,7 and 8 were brought on record on the demise of the sole respondent Chinna Venkatappa, when their applications to bring on record were allowed by this Court on 12.12.2019. Therefore, since the proposed http://www.judis.nic.in

DR.G.JAYACHANDRAN,J.

Vri respondents 10 to 15 were not entered appearance inspite of notice, the applications in CMP Nos.4553, 4556 to 4560 and 4562 to 4564 of 2020 are allowed. The delay caused in filing the application to set aside the abatement caused due to the death of respondents 5, 7 and 8 condoned. The L.Rs. are ordered to be brought on record. Accordingly, the above applications are allowed. No order as to costs. Registry is directed to carry out the amendment and list S.A.360 of 1997 for final hearing on 10.12.2020. Delete the name Mr.S.Saravanakumar, counsel for R3.

27.11.2020 vri CMP Nos.4553, 4556 to 4560 and 4562 to 4564 of 2020 in S.A.No.360 of 1997 http://www.judis.nic.in