C.Shanmugam (Deceased) 1.S.Vetrivel v. B.Mohanasundaram (Died) 1.B Yasodha

C.M.P.Nos.

580 & 725 of 2025 in A.S.No.225 of 2016 C.V.KARTHIKEYAN, J.

AND K.KUMARESH BABU, J.

Both these petitions have been filed, consequent to the death of the sole appellant, seeking to set aside abatement and to bring on record his legal representatives. Along with the petitions, the legal heirship certificate had also been enclosed.

2.In the affidavit filed to set aside abatement in CMP No.725 of 2025, it had been stated that the appellant died on 27.08.2024 and the petitioners are necessary parties. It had been stated that therefore, it is only appropriate that they are also impleaded as further parties to the appeal.

3.Heard the learned counsel appearing for the respondents. The learned counsel stated that copies had not been served. But however, this is a petition for the legal representatives of the appellant to be impleaded. They have a right to

prosecute the appeal further.

4.Taking all the factors into consideration, these petitions are allowed. C.V.KARTHIKEYAN, J.

AND K.KUMARESH BABU, J.

smv 5.The Registry is directed to carry out necessary amendment reflecting the death of the sole appellant and bringing on record his legal representatives as reflected in the petition.

(C.V.K., J.) (K.B., J.) 03.12.2025 smv

C.M.P.Nos.

580 & 725 of 2025 in A.S.No.225 of 2016