← Library
Madras High CourtCMP(MD)/3407/2019ordered

Sattanathan, v. Sattanatha Karaiyalar Trust,

2019-04-01Honourable Mrs Justice J. Nisha Banu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.3407 to 3412 of 2019 IN CMP(MD)Nos.2488 to 2490 & 2497 to 2499 of 2016 IN MP(MD)No.2 of 2015 in SA(MD) No.SR22881 of 2014 1 SATTANATHAN 2 SUBRAMANIAN 3 SIVA SUBRAMANIAN VEERAPATHRA KARAIYALAR (DIED) 4 SRI RENGATHAMMAL 5 JAWAHAR RAMNATH 6 MUTHUSAMY @ MOHAN 7 LAKSHMANAN 8 KANNAN 9 INDIRA 10 MURUGAN ... PETITIONERS/PETITIONERS Vs 1 SATTANATHA KARAIYALAR TRUST, THRO ONE OF ITS TRUSTEES VIJAYAN 2 ASHOK 3 PADMANABA KARAIYALAR SEENI THAI (DIED) 4 HARIDOSS 5 SHANMUGA LATHA 6 SUBRAMANIYA KARAIYALAR S/O.VAIKUMNDA RAMA KARAIYALAR SUBRAMANIYA KARAYALAR (DIED) 7 ANDI KARAIYALAR KARTHICK (DIED) 8 SUBRAMANIAN MOHAN (DIED) 9 JEYANTH 10 RAVINDARAN 11 SEKAR

12 SUBRAMANIYA KARAIYALAR S/O.KRISHNASAMY KARAIYALAR 13 PAKIR MOHIDEEN 14 SUJITHA @ SEYITHUN BEGAM 15 IYMANI ... RESPONDENTS/RESPONDENTS IN ALL THE PETITIONS 16 G.RAJALAKSHMI 17 J.SATTAKUMARI 18 A.BHAGAVATHI MEENA KUMARI 19 A.RAMASRI 20 U.PARVATHA RAJA VARTHINI 21 K.PADMA SHANTHI 22 K.ASWATH 23 MINOR.K.VASUKI THRO HER MOTHER & GUARDIAN K.PADMASHANTHI 24 M.INDHUMATHI 25 RAJEEV ... RESPONDENTS/PROPOSED 16th TO 25th RESPONDENTS in ALL THE PETITIONS PRAYER in CMP(MD)No.3407/2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order Substituted Service for the Respondent 16 is concerned in C.M.P.No.2488 of 2016 in M.P.No.2 of 2015 in SA(MD)SR.No.22881 of 2014 in Malai Murasu Newspaper in Chennai District and thus render justice.

PRAYER in CMP(MD)No.3408/2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order Substituted Service for the Respondent 16 is concerned in C.M.P.No.2489 of 2016 in M.P.No.2 of 2015 in SA(MD)SR.No.22881 of 2014 in Malai Murasu Newspaper in Chennai District and thus render justice.

PRAYER in CMP(MD)No.3409/2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order Substituted Service for the Respondent 16 is concerned in C.M.P.No.2490 of 2016 in M.P.No.2 of 2015 in SA(MD)SR.No.22881 of 2014 in Malai Murasu Newspaper in Chennai District and thus render justice.

PRAYER in CMP(MD)No.3410/2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order Substituted Service for the Respondent 25 is concerned in C.M.P.No.2497 of 2016 in M.P.No.2 of 2015 in SA(MD)SR.No.22881 of 2014 in Malai Murasu Newspaper in Chennai District and thus render justice.

PRAYER in CMP(MD)No.3411/2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order Substituted Service for the Respondent 25 is concerned in C.M.P.No.2498 of 2016 in M.P.No.2 of 2015 in SA(MD)SR.No.22881 of 2014 in Malai Murasu Newspaper in Chennai District and thus render justice.

PRAYER in CMP(MD)No.3412/2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order Substituted Service for the Respondent 25 is concerned in C.M.P.No.2499 of 2016 in M.P.No.2 of 2015 in SA(MD)SR.No.22881 of 2014 in Malai Murasu Newspaper in Chennai District and thus render justice.

Prayer in CMP(MD). 2488/2016 :

To condone the delay of 3182 days in filing the application to set aside the abatement caused due to the death of the 4th Respondent namely Seenithai in M.P.(MD)No.2 of 2015 in S.A(MD) SR.No.22881 of 2014 on the file of this Honourable Court and thus render justice.

Prayer in CMP(MD). 2489/2016 :

To set aside the abatement caused due to the death of the 4th Respondent namely Seenithai in M.P.(MD)No.2 of 2015 in S.A.(MD) SR.No.22881 of 2014 on the file of this Honourable Court and thus render justice.

Prayer in CMP(MD). 2490/2016 :

To bring on record the 16th and 17th respondents herein as Legal Representative of the deceased 4th Respondent namely Seenithai and rank them as 16th and 17th Respondents in M.P.(MD)No.2 of 2015 in SA(MD)SR.No.22881 of 2014 and 16th and 17th Respondents in the main appeal on the file of this Honourable Court and thus render justice.

Prayer in CMP(MD). 2497/2016 :

To condone the delay of 1604 days in filing the application to set aside the abatement caused due to the death of the 12th Respondent namely Mohan in MP.(MD).No.2/2015 in SA.(MD). SR.No.22881/2014 on the file of this Honourable Court and thus render justice.

Prayer in CMP(MD).2498/2016 :

To set aside the abatement caused due to the death of the 12th Respondent namely Mohan in MP.(MD).No.2/2015 in SA.(MD). SR.No.22881/2014 on the file of this Honourable Court and thus render justice.

Prayer in CMP(MD).2499/2016 :

To bring on record the 24th to 25th respondents herein as

Legal Representative of the deceased 12th Respondent namely Mohan and rank them as 24th to 25th respondents in MP.(MD).No.2/2015 in SA.(MD).SR.No.22881/2014 on the file of this Honourable Court and thus render justice.

Prayer in MP(MD).2/2015 in SA(MD).SR22881/2014 : To condone the delay of 126 days in filing the SA and thus render justice.

Prayer in SA(MD).SR22881/2014:

To Prefer this memorandum of Second appeal against the Judgment and decree dated 30.09.2013 passed in Cross objection in A.S.No.62/2011 on the file of the Principal District Judge, Tirunelveli partly allowing the findings of the judgment and decree dated 30.06.2011 passed in O.S.No.55/2006 on the file of Principal Subordinate Judge, Tenkasi.

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.T.SELVAN, Advocate for the petitioner in all the petitions, the court made the following order:- These petitions have been filed by the petitioners seeking permission of this Court to effect substituted service to the respondent Nos.16 and 25.

2.Heard the learned counsel appearing for the parties.

3. Considering the reasons stated in the affidavit filed in support of the petitions, these petitions are ordered and accordingly, the petitioners are permitted to serve notice to the respondent Nos.16 and 25 through substituted service by effecting paper publication in any one of the Tamil Daily newspapers, which is having wide circulation in the locality, by duly indicating the date of next hearing as 23.04.2019.

4.The said exercise shall be completed on or before 12.04.2019 and the proof of paper publication should be filed before the Registry.

5.Post the matter on 23.04.2019 for hearing.

sd/- 01/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI 2 PRINCIPAL SUBORDINATE JUDGE, TENKASI.

+1. C.C. to M/S.T.SELVAN Advocate SR.No.5908 ORDER IN CMP(MD) Nos.3407 to 3412 of 2019 IN CMP(MD)Nos.2488 to 2490 & 2497 to 2499 of 2016 IN MP(MD)No.2 of 2015 IN SA(MD) No.SR22881 of 2014 Date :01/04/2019 gcg PK/PN/SAR-4/02.04.2019 : 5P/4C