Kaliappan v. Jayaraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM

THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

1. KALIAPPAN S/o. Chelladurai, Res. at No. 4, Mela Veethi, Vaiteeswarankoil, Sirkali Taluk, Nagapattinam District.

2. Sankaralingam @ Balraj Res. at No. 4, Mela Veethi, ..Petitioners Vs.

1. JAYARAMAN (Died) 2.Ganapathy Ammal W/o. Jeyakumar, Panankattankudi Road, Nagapattinam District.

3.Thangamaniammal W/o. Ayyanarsamy, No. 7, Singarathoppu Street, Sirkali Town, 1/6

4.Jannathul Beer Ghoush W/o. Mohamed Bugari, 4/86, West Street, Punganoor, Sirkali Taluk, 5.The Sub Inspector of Police 6.Ramaiya Nadar S/o. Chelladurai, Thediyur Village, Nanilam Taluk, Thiruvarur District.

..Respondents Prayer: The Civil Miscellaneous Petition is filed under Section 151 of Civil Procedure Code with Section 5 of the Limitation Act, seeking to restore the above C.M.P. Bearing No.1304 of 2022 along with Second Appeal No.937 of 2011 that was dismissed for non-prosecution on 02.06.2023. For Petitioners : Mr.A.Arunbabu For R7 & R8 in C.M.P.No.1304 of 2022 : Mr.T.Saravanan For R2, R3 : Mr.A.Ilangovan For R4 : Mr.T.Sundramoorthy - - - - - 2/6

ORDER

This petition has been filed to restore the above miscellaneous petition bearing C.M.P.No.1304 of 2022 along with Second Appeal No.937 of 2011 that was dismissed for non-prosecution on 02.06.2023.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

3. When the matter came up for hearing on 02.06.2023 for payment of necessary batta in C.M.P.No.1304 of 2022 to the proposed respondents/legal heirs of the deceased 1st respondent, since none represented the appellants, the matter was dismissed for non-prosecution.

4. The learned counsel for the respondent Nos.2, 3 did not have any serious objection for allowing this petition. However, the learned counsel for the 4th respondent would state that the main relief sought for in this suit is for partition and against the concurrent findings, the appellants have preferred this Second Appeal.

5. In order to afford an opportunity to the appellants, this Court is inclined to order this petition subject to payment of cost. 3/6

R. KALAIMATHI , J.

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6. Accordingly, this petition is ordered on payment of costs of Rs.1,000/- (Rupees One Thousand Only) to the Adayar Cancer Institute, Chennai on or before 17.03.2025. Failing which, the application shall stand dismissed automatically without further reference to this court.

7. On filing of cost memo, the Registry is directed to restore the Second Appeal on file and post the same before this Court after two weeks. 07.03.2025 gbi 4/6

To 1.The District Munsif, Sirkazhi.

2.The Principal Sub-Judge, Myladudurai.

3.The Sub Inspector of Police, 5/6

R. KALAIMATHI , J.

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