The Special Tahsildar (La) v. Mr.Karuppiah Nadar (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD)Nos.976 to 978 of 2017 IN AS No.483 of 1998 THE SPECIAL TAHSILDAR (LA) ADI DRAVIDAR WELFARE, VIRUDHUNAGAR ... PETITIONER/APPELLANT IN ALL THE PETITIONS.

- Vs. - KARUPPIAH NADAR (DIED) 1 K.MARIAPPAN 2 K.KARUPPASAMY (DIED) 3 K.SHANMUGA GANI 4 K.BALASUBRAMANIAN 5 K.PANCHAVARNAM (DIED) 6 G.LINGAMMAL 7 K.ARUMUGATHAI 8 S.VIJAYALAKSHMI ...RESPONDENTS 1 TO 8/ PROPOSED RESPONDENTS 1 TO 8 IN ALL THE PETITIONS.

9 K.PARAMESWARI 10 PERIYASAMY 11 BHUVANESWARI 12 SUDHA GANESH ...RESPONDENTS 9 TO 12/ PROPOSED RESPONDENTS 9 TO 12 (LEGAL REPRESENTATIVES OF DECEASED 2ND RESPONDENT) IN ALL THE PETITIONS.

13 MUNEESWARI 14 ANANDEESWARI 15 RAJESWARAN 16 DHANALAKSHMI 17 KATHIRVELPANDIAN ...RESPONDENTS 13 TO 17/ PROPOSED RESPONDENTS 13 TO 17(LEGAL REPRESENTATIVES OF 5TH RESPONDENT K.PANCHAVARNAM) IN ALL THE PETITIONS.

Prayer in CMP(MD). 976/ 2017 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to condone the delay of 1820 days to bring on the record of the proposed respondents 13 to 17 herein in A.S.No.483 of 1998 as Legal Representatives of the deceased 5th respondent namely K.Panchavarnam.

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Prayer in CMP(MD). 977/ 2017 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to set aside the abatement in bring on record of the proposed respondents 13 to 17 herein in A.S.No.483 of 1998 as Legal Representatives of the deceased 5th respondent namely K.Panchavarnam.

Prayer in CMP(MD). 978/ 2017 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to bring on record of the proposed respondents 13 to 17 herein in A.S.No.483 of 1998 as Legal Representatives of the deceased 5th respondent namely K.Panchavarnam.

ORDER:These petitions coming on for orders upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.KUMAR, Additional Government Pleader, for the petitioner in all the petitions and of MR.D.SAKKARAVARTHI, Advocate, on behalf of the Respondents in all the petitions, the court made the following order:- These petitions are filed to condone the delay of 1820 days in filing the petition to set aside the abatement caused due to the death of the deceased 5th respondent, to set aside the abatement and to bring on record the proposed respondents 13 to 17 herein as the legal representatives of the deceased 5th respondent. 2.Heard the learned Additional Government Pleader appearing for the petitioner and learned counsel appearing for the respondents.

3. Though the delay is huge, I am satisfied with the reasons assigned by the petitioner in the affidavit filed in support of this petition and the delay is explained to the satisfaction of this Court. Hence, in the interest of justice, these petitions are allowed.

sd/- 13/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SUBORDINATE JUDGE, SRIVILLIPUTHUR.

ORDER

IN CMP(MD)Nos.976 to 978 of 2017 IN AS No.483 of 1998 Date :13/02/2017 AM/PM PN/SAR-3/15.02.2017/2P/2C https://hcservices.ecourts.gov.in/hcservices/