Supreme Court - Daily Orders
R. Mohanasundaram(Dead) Thr. Lrs. vs Arulmigu Kolavizhi Amman Temple And ... on 1 May, 2015
Author: R.K. Agrawal
Bench: R.K. Agrawal
ITEM NO.9 COURT NO.3 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. No. 4/2014, I.A. No. 5/2014, I.A. No. 6/2014, I.A. No. 7/2014,
I.A. 8/2015, I.A. 9/2015 in Petition(s) for Special Leave to Appeal
(C) No.13116/2012
(Arising out of impugned final judgment and order dated 30/11/2011
in OSA No. 318/2008 passed by the High Court of Madras)
R. MOHANASUNDARAM Petitioner(s)
VERSUS
ARULMIGU KOLAVIZHI AMMAN TEMPLE & ORS. Respondent(s)
(for substitution and c/delay in filing substitution appln. and
setting aside an abatement)
Date : 01/05/2015 This application was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE R.K. AGRAWAL
[IN CHAMBERS]
For Petitioner(s) Mr. R. Ayyam Perumal,Adv.
Ms. Enakshi Mukhopadhyay, Adv.
For Respondent(s) Mr. M. A. Chinnasamy,Adv.
Mr. M.V. Rama, Adv.
M/s. K. Ramkumar & Associates,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the applicant. The abatement is set aside.
The delay of 598 days and 1869 days in filing the substitution application of deceased respondent no. 2 in I.A. No. 4 of 2014 and deceased respondent no. 3 in I.A. no. 7 of 2014 has sufficiently been explained. The delay is Signature Not Verified condoned. The applications for condonation of delay in Digitally signed by Rajni Mukhi Date: 2015.05.06 12:52:59 IST filing substitution applications are allowed.
Reason:Respondent no.2 and 3 have died on 28.11.2011 and 4.9.2008 respectively leaving behind their legal heirs as mentioned in para 4 of I.A. Nos. 4 and 7 of 2014. There is no opposition to the applications seeking substitution to bring on record the Lrs. of deceased respondent nos. 2 and 3. Applications for substitution are allowed.
The names of respondent nos. 2 and 3 be deleted from the array of parties and in their place the names of Lrs. of deceased respondent nos. 2 and 3 mentioned para 4 of I.A. Nos. 4 and 7 of 2014 be substituted.
Cause title be amended accordingly.
(Rajni Mukhi) (Pardeep Kumar) Sr. P.A. AR-cum-PS