Krishnamurthy Mudaliar (Died) vs Chellapappa - Court Judgment

SooperKanoon Citationsooperkanoon.com/1827348
CourtChennai Orders High Court
Decided OnOct-29-2025
Case NumberCMP/2030/2016
JudgeHonourable Mr.Justice Mummineni Sudheer Kumar
AppellantKrishnamurthy Mudaliar (Died)
RespondentChellapappa
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
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