Pakkiri Asari v. Arumugam Asari(Died)1.Malliga

V. LAKSHMINARAYANAN ,J.

These petitions have been filed (i) to condone the delay of 25 days in filing the petition (ii) to set aside the abatement caused by the death of the sole respondent and (iii) to bring on record the legal representatives of the deceased sole respondent.

2. I am satisfied with the reasons stated in the affidavit filed in support of the above petitions. Hence, these Civil Miscellaneous Petitions are ordered.

3. Mr.N.Suresh, the learned counsel would submit that the deceased sole respondent Arumugam Asari has executed a Will in favour of the respondents 2 & 6. Therefore, Mr.N.Suresh would seek for the respondents 2 & 6 alone to be impleaded as parties in the appeal. The legal representatives who are impleaded representing estate of the deceased. There is no dispute in the relationship. The issue of Will interse the legal heirs are totally irrelevant 1/3

for the purpose of the dispute that the appellant is seeking to resolve. Therefore, all the respondents are impleaded as legal heirs.

4. It is made clear that this Court had not gone into the legality, validity or otherwise of the Will dated 14.06.2023.

5. Office is directed to carry out the necessary amendment and post the appeal on 27.03.2024.

20.03.2024 dpa 2/3

V.LAKSHMINARAYANAN ,J.

dpa 20.03.2024 3/3