A.Periyakaruppan (Died) v. Marimuthu (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirty First day of March Two Thousand Sixteen PRESENT THE HON`BLE MR JUSTICE G.CHOCKALINGAM CMP(MD) No.1769, 1770,1772 and 1773 of 2016 IN CRP NPD No.307 of 2004 1 A.PERIYAKARUPPAN (DIED) 2 A.PARAMASIVAM (DIED) ... PETITIONERS 1 & 2 PETITIONERS IN MAIN CRP 3 PARAMESHWARI 4 KANNAN 5 MALARVIZHI 6 MEKALA 7 CHIYAMALA DEVI 8 PREMA 9 SUDHA 10 SALUMATHI ... PETITIONERS 3 TO 10/ PROPOSED PETITIONERS 3 TO 10/ LRS OF DECREASED 1ST PETITIONER 11 CHELLAMMAL 12 SEETHAPATHIPALLAVAN 13 SIVABALA AMMACHI 14 MAHESHPALLAVI 15 VISHNUVARTHINI ... PETITIONERS 11 TO 15/ PROPOSED PETITIONERS 11 TO 15/ LRS OF DECREASED 2ND PETITIONER IN CMP(MD)NOS.1769, 1770,1772 & 1773/2016 Vs 1 MARIMUTHU (DIED) 2 K.R.GANESAN 3 K.R.PANDIAN 4 K.R.JEYARAJ ... RESPONDENTS IN CMP(MD)NOS.1769, 1770,1772 & 1773/2016 Civil Miscellaneous Petitions filed under 22 Rule 9 of CPC praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Prayer in CMP(MD). 1769/ 2016 :

To set aside the abatement caused in respect of deceased 1st petitioner in CRP NPD.No.307/2004 and thus render justice.

Prayer in CMP(MD). 1770/ 2016 :

To bring on record the Petitioners 3 to 10 herein as the legal representatives of the deceased 1st petitioner and implead them as Petitioners 3 to 10 in CRP NPD.No.307/2004 and thus render justice.

Prayer in CMP(MD). 1772/ 2016 :

To set aside the abatement caused in respect of deceased 2nd petitioner in CRP NPD.No.307/2004 and thus render justice. Prayer in CMP(MD). 1773/ 2016 :

To bring on record the Petitioners 11 to 15 herein as the legal representatives of the deceased 2nd Petitioner and implead them as Petitioners 11 to 15 in CRP NPD.No.307/2004 and thus render justice.

PRAYER IN CRP(MD)NO.307/2004 :

Petition filed under Section 115 of CPC preferred against the fair and decreetal Order dated 01/08/2002 made in I.A.No.47 of 2000 in A.S.No.Nill of 1999 on the file of Sub Court, Periyakulam. ORDER : This Civil Miscellaneous petition coming on for hearing on this day upon perusing the petition and the affidavit filed in support thereof on the file of the High Court and upon hearing the arguments of MR.A.ARUMUGAM Advocate for the petitioners and MR.V.JANAKIRAMULU Advocate for the respondents 2 to 4 and the made the following order:- Heard both sides.

The Learned Counsel for the respondent has made an endorsement that "these petitions may be allowed in terms (with cost)" and the same is recorded.

In view of the endorsement made by the learned Counsel for the respondent, these petitions are allowed on payment of cost of Rs.500/- to the respondent on or before 20.04.2016, failing which, these petitions shall stand dismissed without further reference to this Court.

For reporting compliance, Post the case on 21/04/2016. sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar (C.S.)

TO THE SUBORDINATE JUDGE,PERIYAKULAM.

COPY TO :

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

(POST THE CASE FOR REPORTING COMPLIANCE ON 21/04/2016) GJM/GSV/PM/AR-I-7/4/16-3p-3c ORDER DATED : 31/03/2016 HEARING DATED : 21/04/2016

ORDER

IN CMP(MD) No.1769, 1770,1772 & IN CRP NPD No.307 of 2004 Giving directions etc., as stated within.