Valliammai (Died) v. Chinthamani Achi (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fourth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.10952 of 2017 IN MP(MD)No.1 of 2011 IN SA(MD) No.SR7289 of 2008 VALLIAMMAI (DIED) ... PETITIONER/PETITIONER/APPELLANT CHIDAMBARAM CHETTIAR ... PETITIONER/PROPOSED PETITIONER/ PROPOSED APPELLANT Vs (*)1 CHINTHAMANI ACHI (DIED) 2.MUTHIAH (DIED)

3. NATARAJAN 4 SIVANANTHAN @ ANNAMALAI 5 SIVAKAMI 6 VALLIKANNU 7 KALAISELVI 8 KALIYAPPAN 9 PERUMAL ... RESPONDENTS 3 to 9/RESPONDENTS 3 to 9/ RESPONDENTS 3 to 9 (*)R1 died Memo recorded Memo USR No.2855/2012 vide order dated 17.10.2012 & made in MP(MD)No.1/2011 in SA(MD)No.SR7289/2018 by RKJ) Prayer in CMP(MD).10952/2017:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to accept the cause title and thus render justice. Prayer in MP(MD).1/2011 in SA(MD).SR7289/2008 : To condone the delay of 1352 days in representing the SA in SA(MD)SR.No.7289 of 2008 and thus render justice. Prayer in SA(MD).SR7289/2008 :

To setaside the Judgment and Decree and dated 20.12.2006 in A.S.No.90 of 2004 on the file of the Learned Principal District and Sessions Judge, Pudukkottai reversing the Judgment and Decree dated 04.12.2003 passed in O.S.No.139 OF 1993 on the file of the Learned Subordinate Judge, Pudukkottai.

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ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.PRABHU RAJADURAI, Advocate for the petitioner and of MR.R.SUNDAR SRINIVASAN, Advocate for R2, the court made the following order:- Today, this matter is posted under the caption "to recall the order".

2.It is to be noted that the petitioner has earlier filed an application to condone the delay in re-presentation and the said petition in M.P.(MD)No.1 of 2011 in S.A.(MD)No.SR7289 of 2008 was dismissed by this Court by order dated 02.12.2016. It was thereafter, the petitioner filed the application in C.M.P.(MD) No.10952 of 2017 to accept the cause title. This petition was ordered after referring to the fact that the earlier application filed to condone the delay in re-presentation was dismissed when the petitioner was not alive and that therefore, the petition to accept the cause title is liable to be allowed. The petition to accept the cause title is neither required nor appropriate as the petitioner has to implead himself as legal representative of the deceased appellant to prosecute the appeal. In that view of the matter, the order in C.M.P.(MD) No.10952 of 2017 is recalled. The petitioner is directed to file necessary applications.

sd/- 24/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, PUDUKKOTTAI 2 THE SUBORDINATE JUDGE, PUDUKKOTTAI

ORDER

IN CMP(MD) No.10952 of 2017 IN MP(MD)No.1 of 2011 IN SA(MD) No.SR7289 of 2008 Date :24/07/2018 PK/VR/SAR-2/27.08.2018 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/