Sivasakthi v. Ramasamy Udayar

C.M.P. Nos.22795 & 22791 of 2023 in S.A.No.351 of 2023 C.M.P.Nos.22795 & 22791 of 2023 in S.A. No. 351 of 2023 T.V. THAMILSELVI, J.

These petitions have been filed seeking to set aside the abatement caused due to the death of 1st respondent and to bring on record the proposed respondents 4 to 7 herein as legal representatives of deceased 1st respondent.

2. Mrs.R.Meenal, learned counsel for petitioners/appellants submitted that pending appeal, 1st respondent died on 21.03.2023. He would submit that the petitioners were not aware of legal necessity to get the legal heirs impleaded for the deceased and there was no willful negligence on their part. Hence, she has filed the above petitions.

3. Mr.M.Elumalai, learned counsel for 1st respondent appeared and submitted that he has no objection in allowing these petitions.

4. On 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 1st respondent are impleaded as respondents 4 to 7 in the above Second Appeal. The Registry is directed to carry out the necessary amendment in the cause title and post the matter on 13.12.2024.

22.11.2024 rpp 1\2 https://www.mhc.tn.gov.in/judis

C.M.P. Nos.22795 & 22791 of 2023 in S.A.No.351 of 2023 T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 22795 & 22791 of 2023 in S.A. No. 351 of 2023 22.11.2024 2\2 https://www.mhc.tn.gov.in/judis