PONNAYA @ PAVAYEE (DIED) [PLAINTIFF] Vs. RAKKIYA GOUNDER

JUDGEMENT

(1.) Earlier, the Appellant/Plaintiff (since deceased) filed Suit in O.S. No.53 of 2008 before the District Munsif Court, Thiruchengode, for Permanent Injunction restraining the Respondents herein/Defendants from interfering with the peaceful possession of the Suit property. The said Suit was dismissed by the Trial Court on 28.10.2009, against which, the Plaintiff preferred First Appeal in A.S. No.46 of 2009 before the Sub-Court, Thiruchengode, which was also dismissed by the First Appellate Court on 30.3.2010, against which, the present Second Appeal is preferred by the Appellant/Plaintiff (since deceased pending Second Appeal).

(2.) Pending Second Appeal, since the sole Appellant/Plaintiff died, C.M.P. Nos.2482 to 2484 of 2017 have been filed to condone the delay of 972 days in seeking to set aside the abatement caused due to the death of the sole Appellant, to set aside the said abatement and to bring on record the Legal Representative of the deceased sole Appellant based on Will, dated 31.1.2013 stated to have been executed by the deceased Appellant in favour of the proposed Appellant, who is claiming to be the adopted son of the deceased Appellant.

(3.) The locus of a person, who is sought to be brought on record as a Legal Representative of the deceased is itself in question and unless and until the same is decided, these Petitions cannot be entertained at this stage. The issue with regard to these Petitions revolves around Order 22, Rules 5 & 10, C.P.C.