The Transmission Corporation Of A.P. & Ors VS. M/s. Hemson Steels Alloys Pvt. Ltd. & Ors

Supreme Court of India

Case Law No.4440, Reporting JudgeH.K. Sema

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The Transmission Corporation Of A.P. & Ors VS. M/s. Hemson Steels Alloys Pvt. Ltd. & Ors

The Judgement Information System Reportable IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4440 OF 2008

[Arising out of SLP (C) No.6111 of 2006]

Perumon Bhagvathy Devaswom, Perinadu Village (s) Vs.

Bhargavi Amma (Dead) By LRs & Ors.

ORDER

R.V.RAVEENDRAN, J.

Leave granted.

2. This appeal is by the appellant in Second Appeal No.147 of 1993 on the file of the High Court of Kerala. During the pendency of the said appeal, the second respondent before the High Court, died on 17.4.2002. In that behalf, the appellant filed the following three applications on 9.10.2003 : (i) an application to set aside the abatement of the appeal against second respondent in the second appeal; (ii) an application to condone the delay in

2 filing the said application to set aside the abatement; and (iii) an application to bring on record, the LRs of the deceased second respondent in the second appeal. The High Court, being of the view that the delay of 394 days was not satisfactorily explained, dismissed the application for condonation of delay as also the application for setting aside the abatement and consequently, dismissed the application for bringing the LRs on record, by three separate orders dated 5.10.2005. As the deceased second respondent in the second appeal wa...

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