S. Kadirvel v. S. Mani

C.M.P.Nos.16653, 16654 & 16655 of 2018 in S.A.No.38 of 2009 C.V.KARTHIKEYAN, J.

These applications have been filed consequent to the death of the first appellant / first plaintiff in the suit.

2. The suit had been filed for partition as against the father and the alienee. The plaintiffs are the appellants. It is only appropriate that the suit is taken to the logical conclusion.

3. Heard the learned counsel for the respondents also.

4. Taking all these factors into consideration, these applications are allowed and the delay for filing these applications to set aside the abatement is condoned and the abatement is set aside and the petitioner is brought on record as the legal heir of the deceased first appellant and is categorised as the third appellant.

5. The Registry is directed to carryout the necessary amendment in the cause title reflecting that the first appellant died and that the third appellant is now brought on record as his legal heir. 05.06.2025 gsk https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

gsk C.M.P.Nos.16653, 16654 & 16655 of 2018 in S.A.No.38 of 2009 05.06.2025 https://www.mhc.tn.gov.in/judis