Gopalakrishnaswami v. E.Venkataswami Naicker, Died

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI IN SA No.236 of 1998 GOPALAKRISHNASAMI ... PETITIONER/APPELLANT Vs 1 E.VENKATASAMI NAICKER (DIED) 2 RANGASWAMI NAICKER 3 SUBRAMANIA NAICKER 4 VENKATASAMI 5 KRISHNASWAMI 6 RAMASWAMI (DIED) 7 DHANUSHKODI 8 LAKSHMANAN 9 ELLAPPA NAICKER (DIED) 10 E.VENKATASWAMI 11 E.NAVANEETHAKRISHNAN 12 E.GURUVAMMAL 13 JANAKI 14 MINOR.VENKATESH, 15 MINOR.BHUVANESHWARI, (MINER RESPONDENTS 14 AND 15 ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN 13th RESPONDENT) 1/3

16 THAYAMMAL (DIED) 17 AVUDAIAMMAL (DIED) 18 THIRUPPATHI 19 SETHURAJ 20 RAJAVELUCHAMY 21 RAMASUBBU ... RESPONDENTS 1 TO 21/RESPONDENTS 1 TO 21 22 KRISHNASAMY 23 SUBBALAKSHMI 24 SUBBURATHINAM 25 ADHILAKSHMI 26 THARMARAJ ... RESPONDENTS 22 TO 26/ PROPOSED RESPONDENTS 22 TO 26 27 KOSALAI 28 JEYALAKSHMI 29 MUTHELRAJ 30 RAJAGURU ... RESPONDENTS 27 TO 30/ PROPOSED RESPONDENTS 27 TO 30 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 1474 days in seeking to set aside the abatement of SA.No. 236 of 1998 caused by the death of the 16th respondent.

PRAYER IN SA.No.236 of 1998:

Pleased to allow the above Second Appeal, setting aside the Judgment and Decree of the Learned Principal Subordinate Judge, Srivilliputhur dated 27.08.1997 confirming the Judgment and decree of the Learned Additional District Munsif, Srivilliputhur dated 19.02.1996 in O.S.No.677 of 1994 and to dismiss the said suit. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.M.HARIHARAN, Advocate for the petitioner, the court made the following order:- 2/3

On the side of the petitioner, it is stated that the petitioner was not aware of the death of R16 and there is a delay in taking steps and prayed the delay to be condoned.

The delay is 1474 days. Reasons stated are not satisfactory. But the LR's of deceased R16 are necessary to the case. Hence, CMP (MD).No.728 of 2021 is allowed on condition of payment of Rs.1,000/- to the Siddha Hospital, attached to this Court on or before 21.04.2022.

Call on 25.04.2022 "for reporting compliance" sd/- 08/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, SRIVILLIPUTHUR.

2 THE ADDITIONAL DISTRICT MUNSIF SRIVILLIPUTHUR.

COPY TO:

THE MEDICAL OFFICER, SIDDHA HOSPITAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN SA No.236 of 1998 Date :08/04/2022 SA/JM/SAR.2/13.04.2022/3P/4C 3/3