H. M. VIJAYALATHA Vs. BASAMMA

JUDGEMENT

(1.) This petition by the legal representatives of the decree holders in Ex.No.2/2010 is directed against the impugned order dtd. 11/4/2016 passed by the Senior Civil Judge & JMFC, Channagiri, whereby the applications - I.A.No.XIII to XV filed by the petitioners under Order 22 Rule 3 CPC, Order 22 Rule 9 CPC and Sec. 5 of the Limitation Act, to bring themselves on record as legal representatives of the deceased - decree holder was rejected by the Trial Court.

(2.) Heard learned counsel for the petitioners and perused the material on record.

(3.) The material on record discloses that the petitioners are the children and grandchildren of Smt. Parvathamma, original decree holder, who expired on 14/10/2015 during pendency of the Execution Proceedings. Pursuant thereto, the petitioners filed the instant application seeking permission to come on record as her legal representatives by setting aside abatement and by condoning the delay. The said applications having been opposed by the respondents, the Trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which the petitioners are before this Court by way of the present petition.