Madras High CourtCMP(MD)/98/2016allowed

A. Uthiriyam(Died) v. Alosias Ligori Jerald Raja

2016-01-21Honourable Mr Justice T.Mathivanan2 pages

CMP(MD). No.98 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Twenty Second day of January Two Thousand and Sixteen PRESENT The Hon'ble Mr.Justice T.MATHIVANAN CMP(MD). Nos.98 and 99 of 2016 in CRP(MD).No.2356 of 2012 1 A. Uthiriyam(Died) ...Petitioner/Petitioner/Respondent 2 Anthony

...Petitioner/LR of deceased Revision Petitioner Uthirium

in Both Petitions Vs 1 Alosias Ligori Jerald Raja 2 Johnpal Uthiriya Raja (Both Through Their Power Agent Mariyammal)

...Respondents 1 and 2 / Respondents 1 and 2 / Appellants

3 Sub Registrar, Shanarpatti Sub Registrar's Office, Shanarpatti, Dindigul District (Notice is not necessary to the Third Respondent)

...Respondent/Respondent No.3/Respondent No.2

in Both petitions Prayer CMP(MD). No.98 of 2016:- Civil Miscellaneous Petition filed under Order 22 Rule 9(2) of Civil Procedure Code, praying this Court to set aside the abatement caused on account of the death of the sole revision petitioner (Uthirium) on 25.10.2015 in C.R.P(MD)No.2356 of 2012 on the file of this Court.

Prayer CMP(MD). No.99 of 2016:- Civil Miscellaneous Petition filed under Order 22 Rule 9 and 10 of Civil Procedure Code, praying this Court to record the petitioner (Anthony) as the legal representative of the sole revision petitioner (Uthirium) who died on 25.10.2015 made in C.R.P (MD)No.2356 of 2012.

Prayer in CRP(MD).No.2356 of 2012 :

Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 08.08.2012 passed in I.A.No.87 of 2012 in A.S.No.39 of 2012 on the file of the Principal Subordinate Judge, Dindigul.

ORDER:- Civil Miscellaneous Petitions are coming upon for orders on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD). No.98 of 2016 this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.Hariharan, Advocate for the Petitioner and of Mr.H.Lakshmi Shankar, Advocate for the 1st and 2nd Respondent, this Court made the following order: These application have been filed to set aside the abatement caused on the death of the sole revision petitioner (A. Uthiriyam) on 25.10.2015 nd to bring on record the petitioner(Anthony) as legal representative of the deceased A. Uthiriyam. 2.Heard the learned counsel appearing for the revision petitioner and the learned counsel appearing for the respondents. 3.Being satisfied with the reasons stated in the affidavit filed in support of the petitions, these petitions are allowed.

Sd/- Assistant Registrar (Cs-II) // True Copy // / /2021 Sub Assistant Registrar(CS) +1CC to .Mr.A.Hariharan,,Advocate,SR.No.5989 dated 04.11.2020 ORDER DATED : 22/01/2016 ========================== C D PURPOSE ONLY ========================== CMP(MD). Nos.98 and 99 of 2016 in CRP(MD).No.2356 of 2012 Giving direction and etc.

as stated within.

KB(09.02.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2