Madras High CourtCMP/16500/2016ordered

V. Sakthi v. Jegadambal

2023-03-17Honourable Mrs Justice T.V.Thamilselvi4 pages

C.M.P.Nos.16500 of 2016 and C.M.P.Nos. 20718, 20722 and 20723 of 2019 in C.R.P.SR.No.58440 of 2016 T.V.THAMILSELVI, J.

C.M.P.No.16500 of 2016 is filed to condone the delay of 67 days in filing the C.R.P., against the order dated 25.02.2016 in I.A.No.641 of 2014 in O.S.No.336 of 2004, on the file of the Additional District Munsiff, Villupuram. C.M.P.No.20718 of 2019 is filed to condone the delay of 1013 days in filing the application to set aside the abatement casused due to the death of the 2nd respondent in the above C.R.P. C.M.P.No.20722 of 2019 is filed to set aside the abatement caused due to death of the 2nd respondent in the above C.R.P. C.M.P.No.20723 of 2019 is filed to bring on record the respondents 9 t 14 herein as legal representatives of the deceased 2nd respondent as 9 to 14th respondents in the above C.R.P.SR.No.58440 of 2016 and in C.M.P.No.16500 of 2016.

2. The learned counsel appearing for the contesting respondent raised objection for impleading the legal heirs. The learned counsel further stated that the 2nd respondent died before filing the Civil Revision 1/4

Petition and hence it is not maintainable in law. He further stated the petitioner could not able to get the fruit of decree since E.P.No.56 of 2009 is pending without any progress. The learned counsel for the contesting respondent raised objection for condoning the delay.

3. Considering the nature of pendency of the proceedings and in view of the reasons stated in the affidavit filed in support of all these petitions, this Court is inclined to order all the Civil Miscellaneous Petitions.

4. Accordingly, all the Civil Miscellaneous Petitions are ordered. However, the petitioner is directed to pay a sum of Rs.5,000/ (Rupees Five Thousand Only) to the contesting respondent within a period of one week from the date of receipt of copy of this order. 17.03.2023 jai 2/4

Note: Registry is directed to carry out the necessary amendments and post the Civil Revision Petition on 30.03.2023. 3/4

T.V.THAMILSELVI, J.

jai C.M.P.Nos.16500 of 2016 and C.M.P.Nos. 20718, 20722 and 20723 of 2019 in C.R.P.SR.No.58440 of 2016 17.03.2023 4/4