Krishnamurthy Mudaliar (Died) vs Chellapappa

Type Court Judgment Court Chennai Orders Decided Oct 29, 2025

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Citation: sooperkanoon.com/1827348
Court: Chennai Orders High Court
Judge: Honourable Mr.Justice Mummineni Sudheer Kumar
Decided On: Oct 29, 2025
Case Number: CMP/2030/2016

Parties & Advocates

Appellant / Petitioner

Krishnamurthy Mudaliar (Died)

Respondent

Chellapappa

Excerpt

c.m.p.nos.2030, 2031 and 2032 of 2016 in s.a.no.1048 of 2008mummineni sudheer kumar,j.notice is served on respondents no.7 to 11. respondent no.11 is represented by counsel. no counter affidavit is filed.2. in the light of the above, all these three miscellaneous petitions tocondone the delay of 83 days in filing the petition to set aside the abatement caused due to the death of the appellant; to set aside the abatement; and to bring on record the petitioner as the second appellant and respondent nos.7 to 11 as respondents 7 to 11 being the legal heirs of the deceased appellant in the second appeal, respectively, are allowed.3. registry is directed to carry out amendment. however, this is without prejudice to the rights of the contesting respondents in the main appeal with regard to the will, said to have been executed by the deceased appellant. dixit 29.10.2025mummineni sudheer kumar, j.dixit 29.10.2025

Full Judgment

C.M.P.Nos.2030, 2031 and 2032 of 2016 in S.A.No.1048 of 2008

MUMMINENI SUDHEER KUMAR,J.

Notice is served on respondents No.7 to 11. Respondent No.11 is represented by counsel. No counter affidavit is filed.

2. In the light of the above, all these three miscellaneous petitions to

condone the delay of 83 days in filing the petition to set aside the abatement caused due to the death of the appellant; to set aside the abatement; and to bring on record the petitioner as the second appellant and respondent Nos.7 to 11 as respondents 7 to 11 being the legal heirs of the deceased appellant in the Second Appeal, respectively, are allowed.

3. Registry is directed to carry out amendment. However, this is without prejudice to the rights of the contesting respondents in the main appeal with regard to the Will, said to have been executed by the deceased appellant. dixit 29.10.2025

MUMMINENI SUDHEER KUMAR, J.

dixit 29.10.2025

Same Court & Year Chennai Orders · 2025 Same Parties Krishnamurthy Mudaliar (Died) vs Chellapappa Same Judge Honourable Mr.Justice Mummineni Sudheer Kumar

Without prejudice legal heir set aside