Madras High CourtCMP/7946/2024allowed with costs

Jayamary (Deceased) 1. A. Rajasundari v. Salem Diocesan Society

2025-02-05Honourable Mr Justice S. S. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR CMP NO. 7946 OF 2024,CMP NO. 7947 OF 2024,CMP NO. 7949 OF 2024 in SA NO. 1036 of 2000 Jayamary (Deceased) 1. A. Rajasundari S/o.Samuel Naidu, Adkialapuram, Denkanikotta Tk, Dharmapuri Dist. and 6 Others Appellant(s) Vs Salem Diocesan Society Rep.by its Secretary Rev.F.R.Masilamani, Bishop Hosur, Maravanery, Salem 7. and 4 Others Respondent(s) Jayamary (Deceased) 1. A. Rajasundari S/o.Samuel Naidu, Adkialapuram, Denkanikotta Tk, Dharmapuri Dist. and 6 Others Appellant(s) Vs Salem Diocesan Society Rep.by its Secretary Rev.F.R.Masilamani, Bishop Hosur, Maravanery, Salem 7. and 4 Others Respondent(s) Jayamary (Deceased) 1. A. Rajasundari S/o.Samuel Naidu, Adkialapuram, Denkanikotta Tk, Dharmapuri Dist. and 6 Others Appellant(s)

Vs Salem Diocesan Society Rep.by its Secretary Rev.F.R.Masilamani, Bishop Hosur, Maravanery, Salem 7. and 4 Others Respondent(s) SA NO. 1036 of 2000 For Appellant(s):

M/s. V.Srimathi Appellants 5 And 8 - Died - Steps Taken For Respondent(s):

M/s.S.M. Edward Stanley For R2 R1 - Died (steps Taken) Pvt Notice ----------- R1 - Died (steps Taken) 8th Appellant - Died (steps Taken) For Appellant(s):

MR. C. SAIKRISHNA FOR M/S. V.SRIMATHI For Respondent(s):

For Appellant(s):

MR. C. SAIKRISHNA FOR M/S. V.SRIMATHI For Respondent(s):

For Appellant(s):

MR. C. SAIKRISHNA FOR M/S. V.SRIMATHI For Respondent(s):

COMMON ORDER

All the above applications were filed to condone the delay of 2022 days in filing the petition to set aside the abatement caused by the death of the 8th appellant in the second appeal; to set aside the abatement caused due to the death of the 8th appellant and to bring on record the petitioners 6 and 7 as legal representatives of 8th appellant and array them as appellants 9 and 10 in the second appeal.

2. This Court is convinced with the reasons stated in the accompanying affidavit filed in support of the miscellaneous petitions. Having regard to the fact that the appeal is of the year 2000, these petitions are ordered, subject to condition that the appellant pays a sum of Rs.5,000/- (Rupees Five Thousand only) to the High Court Legal Services Authority within a period of one week from the date of receipt of a copy of this order.

3. Post the matter on 13.02.2025 'for Reporting Compliance'. 05-02-2025 (2/2) kak SA NO. 1036 of 2000 To

1. Salem Diocesen Society Rept By Its Secretary Rev Fr Masilamani Bishop House, Maravanery Salem -7 REPTD BY ITS PRESENT SECRETARY, REV.FR.A.JACOB BISHOP HOUSE, MARAVANERY SALEM -7.

r2 impleaded, vide court order dated 03/03/2023 made in cmp no 17483 of 2021 in sa no 1036 of 2000(rhj)

1. Salem Diocesan Society Rep.by its Secretary Rev.F.R.Masilamani, Bishop Hosur, Maravanery, Salem 7.

Rep.by Present Secretary Rev.FR. Jacob Bishop Hosur, Maravanery, Salem 7.

3. R.Rathina W/o.late A.Rajabilvendran, Adkialapuram, Denkanikotta Tk, Dharmapuri Dist.

4. Sivakumar S/o.late A.Rajabilvendran, Adkialapuram, Denkanikotta Tk, Dharmapuri Dist.

5. Jyothi W/o.Ravi, Adkialapuram, Denkanikotta Tk, Dharmapuri Dist.