K. Chandrodayam v. K. Rathinavel

CMP.No.195 of 2023 in AS.No.482 of 2016 S.S.SUNDAR, J.

and A.A.NAKKIRAN, J.

(Order of the Court was made by S.S.SUNDAR, J.

1. The Defendants 1 and 2 are the Appellants in the above appeal. It is stated that the 1st Appellant, who is the 1st Defendant in OS.No.34 of 2008, on the file of the II Additional District Judge, Pondicherry, died on 17.02.2021, during the pendency of this appeal. It is stated that the 1st Appellant is survived by his three sons and two daughters, out of whom, the 2nd Appellant and the Respondents 1 and 2 are already on record. The 2nd Appellant has filed the above petition to implead the remaining legal heirs of the deceased 1st Respondent, namely, two daughters, who are shown as the Respondents 3 and 4.

2. Despite notice being served on the proposed Respondents, no one has filed vakalat. The learned counsel for the 2nd Respondent seeks time to get instructions.

3. This Court finds no cause for granting further adjournment in a case where there is no delay or abatement caused due to the death of the deceased Appellant. Considering the fact that the learned counsel for the 2nd Respondent has no issue regarding the relationship, this Court finds no reason to adjourn the matter further. Hence, this petition is ordered as prayed for.

4. The Registry is directed to carry out the amendment and post the appeal in the usual course.

(S.S.S.R.J.) & (A.A.N.J.) 01.02.2023 Srcm https://www.mhc.tn.gov.in/judis

S.S.SUNDAR, J.

and A.A.NAKKIRAN, J.

Srcm CMP.No.195 of 2023 in AS.No.482 of 2016 01.02.2023 https://www.mhc.tn.gov.in/judis