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Madras High CourtCMP(MD)/109/2020withdrawn dismissed

Thayarammal (Died) v. Palaniappa Gounder (Died)

2020-01-06Honourable Mr Justice N. Sathish Kumar2 pages

CMP(MD) No.109 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Sixth day of January Two Thousand Twenty PRESENT The Hon'ble Mr.Justice N.SATHISH KUMAR CMP(MD) Nos.109, 111 and 112 of 2020 IN SA No.1702 of 2000 1 THAYARAMMAL (DIED) REPRESENTED BY LRS 2 VASANTHA 3 NARAYANASAMY 4 SANTHI 5 SASIKALA 6 PARTHEEBAN ... PETITIONERS/APPELLANTS IN ALL THE PETITIONS Vs 1 PALANIAPPA GOUNDER (DIED) 2 SUBRAMANI 3 BALASUBRAMANI ... RESPONDENTS/LRs OF DECEASED 1st RESPONDENT IN ALL THE PETITIONS Prayer in CMP(MD)No.109 of 2020 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 5615 days in filing the petition to set aside the abatement caused due to the death of the sole respondent in the above S.A.

Prayer in CMP(MD)No.111 of 2020 :

Pleased to bring on record the respondents 2 and 3 herein as the legal representatives of the deceased sole respondent and rank them as respondents 2 and 3 in the above S.A. Prayer in CMP(MD)No.112 of 2020 :

Pleased to set aside the abatement caused due to the death of the sole respondent in the above S.A.

Prayer in SA.No.1702 of 2000 :

Second appeal against the Judgment and Decree dated 08/11/1994 and made in A.S.No.62 of 1992 on the file of Sub Court, Karur https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.109 of 2020 reversing the Judgment and Decree dated 26.02.1990 in O.S.No.279 of 1986 on the file of the Principal District Munsif, Kulithalai. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.THIYAGARAJAN, Advocate for the petitioner in all the petitions, the court made the following order:- In view of the endorsement made by the learned counsel for the petitioners, these petitions are dismissed as withdrawn, with liberty to file fresh applications.

sd/- 06/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUBORDINATE JUDGE, KARUR.

2. THE PRINCIPAL DISTRICT MUNSIF, KULITHALAI.

ORDER IN CMP(MD) Nos.109, 111 and 112 of 2020 IN SA No.1702 of 2000 Date :06/01/2020 TE/PN/SAR-IV : 09/01/2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2