Madras High CourtCMP(MD)/1851/2023allowed on condition

E.V.Naganathan,(Died) 2.Lokamatha v. P.Indirani

2023-06-15Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN SA No. 827 of 2002 1 E.V.NAGANATHAN,(DIED) 2.LOKAMATHA, 3 JOTHI MUTHU RAMALINGAM 4 KRISHNAMOORTHY ... PETITIONERS 2 to 4/ APPELLANTS 2 TO 4 Vs 1 P.INDURANI W/O. BOSE THEVAR 2 UKKIRA PANDIAN 3 N.MUTHURATHINAM 4 NAGAJOTHI 5 DEIVARANI 6 MANIKANDAN 7 VASUKI 8 N.INDURANI D/O. MUTHURAMALINGAM 9 GANDHI MEENAL 10 P.PONUCHAMY THEVAR (DIED) ...DECEASED 10TH RESPONDENT 11 A.SIVAGNANAM 12 MURUGESAN 13 NATARAJA THEVAR 1/4

14 MAYILVASAGAM (DIED) ...DECEASED 14th RESPONDENT 15 T.PANDI(DIED) ...DECEASED 15th RESPONDENT 16 PONNUSAMY @ UKKIRAPANDI THEVAR, 17 R.KASINATHADURAI 18 DHANALAKSHMI (DIED) ...DECEASED 18th RESPONDENT 19 POOMALAI S/O. PERIYANATHA THEVAR 20 SATHYA MURTHY 21 SANKARA IYER 22 UTHAMARAMAN 23 POOMALAI D/O. LATE. PONNUSAMY THEVAR 24 NAGU 25 VELLAIMMAL 26 SURIYA PRAKASAM 27 DHANA CHANDRA PRAKASAM(DIED) ....DECEASED 27th RESPONDENT 28 KOTTAI ESWARA PRAKASAM 29 JOTHI MUTHURAMALINGAM ...RESPONDENTS 1 TO 9, 11 TO 13,16,17,19 to 26 28 & 29/ RESPONDENTS 1 TO 9, 11 TO 13,16,17,19 to 26 28 & 29 30 RAJALAKSHMI 31 MURUGABOOPATHY ...RESPONDENTS 30 & 31 / PROPOSED RESPONDENTS 30 & 31 (LRs OF THE 15th RESPONDENT) 32 GURUSAMY 33 MUTHUMARI ...RESPONDENTS 32 & 33 / PROPOSED RESPONDENTS 32 & 33 (LRs OF THE 18th RESPONDENT) 34 GANDHIMATHI 35 KOWSALAYA 36 INDHUMATHI 2/4

37 MINOR.GOKILA PRIYA ...RESPONDENTS 34 TO 37 / PROPOSED RESPONDENTS 34 TO 37 (LRS OF THE 27th RESPONDENT) (37th RESPONDENT IS MINOR AND REPRESNETED BY HER GUARDIAN AND MOTHER OF THE GANDHIMATHI / 34th RESPONDENT) (RESPONDENTS 12,16,17 AND 19 WERE DELETED AND ITSELF 21st RESPONDENT STOOD EXPARTE BEFORE THE APPELLATE COURT, HENCE NOTICE MAY BE GIVEN UP) 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 195 days in filing the petition for set aside the abatement caused due to the death of the 15th respondent in the above second appeal No.827/2002.

PRAYER IN SA No. 827 of 2002:

Pleased to set aside the judgment and decree made in A.S.No. 154/97 on the file of Additional District Judge cum Chief Judicial Magistrate Court, Ramanathapuram dated 22.06.2000 which confirms the judgment and decree made in O.S.No. 82/93 on the file of Sub-Court, Ramanathapuram dated 25.03.1996.

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.VIJAYAKUMARI NATARAJAN, Advocate for the petitioner, the court made the following order:- This application is filed to condone the delay of 195 days in filing the petition to set aside the abatement caused due to the death of the 15th respondent in the above second appeal. 2.Though the reasons stated in the accompanying affidavit filed in support of the Petition are not satisfied, however, in order to give an opportunity to the parties, the delay of 195 days is condoned on condition that the Petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) towards costs before the Registry to the credit of C.M.P(MD)No.1851 of 2023 within 10 days, provided, on or before 27.06.2023 and on deposit of the same, the petition shall stand allowed, failing which, the Petition shall stand automatically dismissed without further reference to this Court.

3.List the matter on 28.06.2023 for filing compliance report. sd/- 15/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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AM TO 1 THE ADDITIONAL DISTRICT JUDGE CUM CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

2 THE SUBORDINATE JUDGE RAMANATHAPURAM.

COPY TO 1 THE REGISTRAR(JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

4 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN SA No. 827 of 2002 Date :15/06/2023 PKP/CG/SAR- /20.06.2023/ 4P/7C 4/4