Kannammal v. Muthusamy (Died)

C.M.P.No.14807 of 2016 in S.A.No.SR 266 of 2013 P.B.BALAJI, J.

Ms.R.Meenal, Learned Counsel for the appellant would bring to my notice that even pending the condone delay application in Second Appeal SR stage, the 1st respondent has passed away and C.M.P.Nos.14807 and 14808 of 2016 have been filed. It appears that subsequently, the delay was condoned and the Second Appeal was also been numbered.

2. Today i.e., 20.03.2024, these C.M.P.Nos.14807 and 14808 of 2016 are listed. The Learned Counsel for the appellant states that the appellant is one of the legal representatives of the deceased, 1st respondent and hence, question of abatement and condonation of delay does not arise.

3. Accordingly, the C.M.P.No.14807 of 2016 is ordered. Registry is directed to carry out necessary amendment in the cause title. Post this matter on 08.04.2024.

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

P.B.BALAJI, J.

bsm

4. Since, It has not been brought to the notice of this Court that 1st respondent had died even when the second appeal was pending in SR stage, the C.M.P.Nos.14807 & 14808 of 2016 which has been filed shall be treated as an application in the Second Appeal.

5. Post this matter on 08.04.2024.

20.03.2024 bsm C.M.P.No.14807 of 2016 in S.A.No.SR 266 of 2013 20.03.2024 https://www.mhc.tn.gov.in/judis