M.Nageswaran v. M. Velayudam

C.M.P.Nos. 18311 & 18330 of 2023 in A.S. No. 154 of 2001 T.V. THAMILSELVI, J.

These petitions are filed seeking to set aside the abatement caused due to the death of 10th respondent and to bring on record the proposed respondents 18 to 21 herein as legal representatives of deceased 10th respondent.

2. Mr.M.Balasubramanian, learned counsel for petitioners/appellants submitted that pending appeal, 10th respondent died on 12.04.2023. Hence, to implead his legal heirs, he has filed the above petitions.

3. Mrs.Vasudha Thiyagarajan, learned counsel appearing for respondents 1 and 2 appeared and raised strong objections in allowing the above petitions.

4. Heard both sides.

5. Considering the facts and circumstances and on considering the reasons assigned in the affidavit seems to be justifiable one, both the petitions are allowed. The proposed legal representatives of the 10th respondent are impleaded as respondents 18 to 21 in the above Appeal.

6. Issue fresh notice to newly added respondents through court

returnable by 11.10.2023. Private Notice is also permitted.

7. The learned counsel for appellants is directed to pay batta within three days.

8. The Registry is directed to carry out the necessary amendment in the cause title.

07.09.2023 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 18311 & 18330 of 2023 in A.S. No. 154 of 2001 07.09.2023 (3/3)