A.Jayaraman v. Harikrishnan

C.M.P.No.12549 of 2022 in C.M.P.No.5046 of 2020 in SA.SR.No.15619 of 2020 P.T. ASHA, J, The above application has been filed to implead the petitioner as the 2nd respondent in the proceedings in CMP No.5046 of 2020 in SA.SR.No15619 of 2020.

2. The petitioner seeks to have himself impleaded since he is claiming under the sole respondent Mrs.Ramayee by virtue of a settlement deed dated 14.08.2019, registered as Document No.2204 of 2019. The petitioner would also submit that the Second Appeal has been instituted against a dead person and has to necessarily fail.

3. The respondent/ appellant has filed a counter in which he would submit that he was not aware about the deaths of the sole respondent when filing of the Second Appeal as the filing took place during the Covid-19 pandemic time. The respondents have however not questioned the fact that the deceased respondent had executed a settlement deed in favour of the petitioner. Consequently, taking into account the fact that 1/3

the respondent Ramayee is no more and prior to her death she had executed a settlement deed, the petition is order as prayed for and the petitioner is impleaded as the 2nd respondent in the CMP.No.5046 of 2020. The Registry shall carry out the necessary amendment. 22.09.2022 shr 2/3

P.T.ASHA, J., shr C.M.P.No.12549 of 2022 in C.M.P.No.5046 of 2020 in SA.SR.No.15619 of 2020 22.09.2022 3/3