Lakshmi v. K.C. Murugesan

C.M.P.Nos. 10014, 10018, 10021 & 10025 of 2022 in S.A. No. 319 of 2013 T.V. THAMILSELVI, J.

These petitions are filed seeking to condone the delay of 91 days in setting aside the abatement, to set aside the abatement caused due to the death of 7th respondent, to bring on record the proposed respondents 8 to 11 herein as legal representatives of deceased 7th respondent and also to appoint 8th respondent as a guardian for minor viz., V.Anbarasu, 11th respondent herein in the above Second Appeal.

2. Ms.R.Meenal, learned counsel for petitioner/appellant submitted that pending appeal, 7th respondent died on 21.10.2021. However, the 11th respondent, being a minor, mother/8th respondent may be appointed as a guardian for him. Hence, she has filed the above petitions.

3. Mr.Kaithamalai Kumaran, learned counsel appearing for the respondents appeared and raised formal objections.

4. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit, all the petitions are allowed. The proposed legal representatives of the 7th respondent are impleaded as respondents 8 to 11 and since the 11th respondent being a minor, the 8th respondent is appointed as a guardian for him in the above Second Appeal.

5. Registry is directed to carry out necessary amendment in the cause title and post the matter on 19.07.2022.

05.07.2022 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 10014, 10018, 10021 & 10025 of 2022 in S.A. No. 319 of 2013 05.07.2022 https://www.mhc.tn.gov.in/judis