R.Balasubramanian v. Smt.S.Kaveriammal (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixth day of February Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) Nos.6328 to 6330 of 2017 IN SA(MD) No.264 of 2008 1 R.BALASUBRAMANIAN 2 M.ANGUTHAI 3 M.SULOCHANA 4 M.RAMIAH @ RANJITH KUMAR (THEN MINOR) 5 M.RAMALAKSHMI @ RAMYA (THEN MINOR) 6 M.JAYALAKSHMI 7 M.DEVAGURU 8 M.THANGAVELU 9 T.JAGATHAMBAL ... PETITIONERS/ APPELLANT IN ALL THE PETITIONS Vs 1 SMT.S.KAVERIAMMAL (DIED) 2 SMT.MUTHUKARUPAYEE 3 K.NATARAJAN(DIED) ... RESPONDENT 1 TO 3/ RESPONDENT 1 TO 3 IN ALL THE PETITIONS 4 S.MURUGESAN(DIED) 5 S.THANGAVEL 6 S.BAGAWAN 7 S.RAMANATHAN 8 S.RAJATHI 9 S.MEENATCHI 10 S.VELAMMAL ... RESPONDENTS 4 TO 10/ PROPOSED RESPONDENTS 4 TO 10 /LR OF 1st RESPONDENTS IN ALL THE PETITIONS
11 N.MUTHU IRALANDI ... 11th RESPONDENT/ 11th PROPOSED RESPONDENT/ LR OF 3rd RESPONDENT IN ALL THE PETITIONS
12. M.JEYALAKSHMI 13 M.KARTHIK ... RESPONDENT 12th & 13th / 12th & 13th PROPOSED RESPONDENT/ LR OF 4th RESPONDENT IN ALL THE PETITIONS Prayer in CMP(MD) No.6328 of 2017:
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 203 days in filing the petition to bring on record the respondents 12 and 13 here in as legal heirs of the deceased 4th respondent and rank them as 12th and 13th Respondents in this Second Appeal SA(MD) No.264/2008 and thus render justice. Prayer in CMP(MD). 6329/ 2017 :
To set aside the abetment and permit this petitioner to bring on record the respondents 12 and 13 herein as legal heirs of the deceased 4th respondent and rank them as 12 and 13 Respondents in this Second Appeal SA(MD) No.264/2008 Prayer in CMP(MD). 6330/ 2017 :
To bring on record the following respondents 12 and 13 herein as legal heirs of the deceased 4th respondent and rank as 12th and 13th Respondents in this Second Appeal SA(MD) No.264/2008 and thus render justice.
Prayer in AS(MD). 264/ 2008 :
The second appeal preferred by the appellant above named against the decree and common judgment of Principal District Court, Madurai in A.S.No.59/2006 dated 16.02.2007 confirming the decree and common judgment dated 13.02.2006 in O.S.No.694/1997 on the file of 1st Additional Subordinate Judge, Madurai.
ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.N.SUNDARESHAN, Advocate for the petitioner in all the petitions and of M/S.S.MANOHAR, Advocate for R2 to R4 in all the petitions, the court made the following order:- These petitions have been filed to condone the delay of 203 days in filing the petition to set aside the abatement caused due to the death of S.Murugesan the 4th respondent and to set aside the abatement caused due to his death and to bring on record the respondent 12 & 13, the legal heir of deceased 4th respondent, as respondent 12 & 13 in the above second appeal. 2.Heard the learned counsel appearing for the petitioners.
3.Being satisfied with the reasons stated in the affidavit filed in support of these petitions and in the interest of justice, these petitions are allowed and delay is condoned on payment of Rs.500/- [Rupees Five Hundred only] to the Legal Services Authority, attached to this Bench within a period of one week from the date of receipt of a copy of this order, failing which these petitions shall stand dismissed automatically without further reference to this court.
sd/- 06/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE PRINCIPAL DISTRICT JUDGE, MADURAI.
2. THE 1ST ADDITIONAL SUBORDINATE JUDGE, MADURAI. Copy to:
THE AUTHORISED OFFICER, LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CMP(MD) Nos.6328 to 6330 of 2017 IN SA(MD) No.264 of 2008 Date :06/02/2018 MS/PM/SAR.1/14.02.2018/3P.4C