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Madras High CourtCMP/5299/2022allowed

Durgai Ammal v. Manicka Pandithar (Deceased)

2022-04-01Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the First day of April Two Thousand Twenty Two PRESENT THE HON`BLE MRS.JUSTICE R.HEMALATHA C.M.P.Nos.5299, 5302 & 5305 of 2022 in C.M.P. Nos.5492, 5490 & 5491 of 2021 in S.A.No.272 of 2006 1 DURGAI AMMAL [ PETITIONERS IN ALL THE PETITIONS ] 2 ALAMELU 3 JAYAVALLI 4 ELUMALAI Vs 1 MANICKA PANDITHAR(DECEASED) [ RESPONDENTS IN ALL THE PETITIONS ] 1.SETTLEMENT OFFICER, SETTLEMENT OFFICE, 6TH STREET, GANDHI NAGAR, THIRUVANNAMALAI, SAMBURAVAYAR DISTRICT.

2 THE COLLECTOR THIRUVANNAMALAI SAMBURAVAYAR DISTRICT, REP.BY STATE OF TAMIL NADU.

3 VENGAMMAL 4 SHANTHI 5 SUMATHI 6 SUBRAMANI 7 VIJAYAKUMAR Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to 1 CMP No.5299 of 2022 To order substituted service by way of publication in one issue of Malaimurasu Tamil Daily and thus render justice.

2 CMP No.5302 of 2022 To order substituted service by way of publication in one issue of Malaimurasu Tamil Daily and thus render justice. 3 CMP No.5305 of 2022 To order substituted service by way of publication in one issue of Malaimurasu Tamil Daily and thus render justice. 4 CMP No.5492 of 2021 To bring on record the proposed respondents 3 to 7 are the legal heirs of the deceased first respondent viz., Smt.Vengammal; Smt.Shanthi;

Smt.Sumathi;

Mr.Subramani;

Mr.Vijyakumar; as respondents 3 to 7 in the above Appeal S.A.No.272 of 2006 5 CMP No.5490 of 2021 To condone the delay of 4420 days in bring on record the legal representatives of the deceased first respondent as party respondents in the above pending Appeal S.A.NO.272 of 2006 6 CMP No.5491 of 2021 To set aside the abatement caused due to the death of the first respondent in the above Appeal S.A.No.272 of 2006 Order : These petitions coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.UDAYAKUMAR, Advocate for the petitioners in all the petitions, the court made the following order:- These petitions are filed praying to order Substituted Service to the respondents 4 to 7 in C.M.P. Nos.5492, 5490 & 5491 of 2021 by way of paper publication in one issue of Malaimurasu Tamil Daily.

2. Being satisfied with the reasons assigned in the affidavit filed in support of these petitions, these petitions are ordered. The petitioners are directed to take paper publication in one issue of Malaimurasu Tamil Daily, Vellore Edition, by mentioning the hearing date as 28.04.2022. The publication shall be effected atleast 10 days prior to the next date of hearing. List the matter on 28.04.2022.

-sd/- 01/04/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL SUBORDINATE JUDGE, THIRUVANNAMALAI.

2 THE ADDITIONAL DISTRICT MUNSIF, THIRUVANNAMALAI.

Order C.M.P.Nos.5299, 5302 & 5305 of 2022 in C.M.P. Nos.5492, 5490 & 5491 of 2021 in S.A.No.272 of 2006 Date :01/04/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(08/04/2022)