Murugan v. M.K.Govindaraj(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Tuesday, the Twenty Second day of February Two Thousand and Twenty Two PRESENT THE HON`BLE DR JUSTICE G. JAYACHANDRAN CMP No.4655 of 2018 IN AS.1072/2009 MURUGAN [ PETITIONER ] Vs 1 M.K.GOVINDARAJ(DIED) S/O.KATHIRVELU, 2 MRS. G. VIJAYALAKSHMI W/O. LATE M.K. GOVINDARAJ 3 MR. M.K.G. GNANAOLI S/O. LATE M.K. GOVINDARAJ 4 MRS. K. ANBUMANI D/O. LATE M.K. GOVINDARAJ 5 MRS. M. TAMILSELVI RESPONDENTS 2 TO 5 ARE LEGALL REPRESENTATIVES OF THE DECEASED 1st RESPT NO. 23, PANJUPETTAI CHINNA ST, BIG KANCHIPURAM.

[ RESPONDENTS IN ALL ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to i) to condone the delay of 2001 days to set aside the abatement;

ii)to set aside the abatement cased due to the death of the 1st Respondent in the First Appeal;

iii)bring the Respondents 2 to 5 on record as the legal representatives of the deceased 1st Respondent who died on 23.03.2012. respectively.

Prayer in AS.1072/2009:

Appeal suit filed under section 96 of the Civil Procedure Code with order 41 and 41A of the Civil Procedure Code against the judgment and decree passed in O.S.No.423 of 2006 on the file of the Additional District Judge, FTC NO.II,Kanchipuram dated 29.07.2008.

Order : These petitions coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. G.K. SEKAR, Advocate for the petitioner and of M/S.DEEPIKA, Advocate for the Respondents, the court made the following order:- The sole respondent died and steps not taken so far. Hence, all these petitions are dismissed;

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To, The Additional District Judge, FTC NO.II,Kanchipuram.

+1 cc to M/S.DEEPIKA, Advocate Sr.NO. 11118 Dated :22/02/2022 Order in CMP.4655/2018 in AS.1072/2009 Dismissing the Civil Miscellaneous Petitions etc as stated within.

nrl(CO) A.SK(02.03.2022)