T.S.Balagurusamy Odayar v. V.Ramadurai

C.M.P.Nos. 14177 & 14173 of 2023 in S.A. No. 787 of 2008 T.V. THAMILSELVI, J.

These petitions are filed seeking to set aside the abatement caused due to the death of 2nd appellant, and to bring on record the proposed 3rd appellant respondent herein as legal representatives of deceased 2nd appellant.

2. Mr.V.G.Suresh Kumar, learned counsel for 1st petitioner/appellant submitted that pending appeal, 2nd appellant died on 02.09.2019. Hence, to implead his legal heirs, he has filed the above petitions.

3. Mr. M.Venkatakrishnan, learned counsel appearing for 2nd respondent and Mr.M.Simon Jayakumar, learned counsel for 4th respondent appeared and they have raised formal objections in allowing this petition.

4. Heard both sides.

5. Considering the facts and circumstances and on considering the reasons assigned in the affidavit seems to be justifiable one, all the petitions are allowed. The proposed legal representative of the 2nd appellant is impleaded as 3rd appellant in the above Second Appeal.

6. The Registry is directed to carry out the necessary amendment in

the cause title.

21.07.2023 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 14177 & 14173 of 2023 in S.A. No. 787 of 2008 21.07.2023 (1/2)