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Madras High CourtCMP(MD)/1632/2022allowed on condition

Periyasamy Died, Natarajan Died, 1. Ravindran v. Pookkarandi Died 1. Angamuthammal

2022-04-07Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.1632,1633 & 1635 of 2022 in SA No.1252 of 2003 PERIYASAMY (DIED) NATARAJAN (DIED) 1 RAVINDRAN 2 RAJALAKSHMI 3 TAMILARASI ... PETITIONERS 1 TO 3/APPELLANTS 3 TO 5 IN ALL THE PETITIONS 4 PARVATHI 5 VAIDHEESWARAN ... PETITIONERS 4 & 5/ LEGAL HEIRS OF 1st APPELLANT/ PROPOSED APPELLANTS 6 & 7 IN ALL THE PETITIONS 6 POONGOTHAI 7 SELVI SAGUNTHALA 8 KRISHNAMOORTHI ... PETITIONERS 6 TO 8/ LEGAL HEIRS OF 2nd APPELLANT/ PROPOSED APPELLANTS 8 TO 10 IN ALL THE PETITIONS Vs POOKKARANDI (DIED) 1 ANGAMUTHAMMAL 2 DHANAPACKIAM 3 NAGAPPAN 4 PACKIAM AMMAL 5 R.MUTHU 6 SUBRAMANIAN 1/3

7 MARUTHAIVEERAN 8 CHELLA PERUMAL 9 JEGANATHAN 10 RAVINDRAN 11 VENUGOPAL 12 PREMA 13 SEKAR ... RESPONDENTS 1 TO 13/RESPONDENTS 2 TO 14 IN ALL THE PETITIONS 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 4116 days in filing the petition seeking to set-aside the abetment caused due to the death of the 1st appellant in the above appeal.

Prayer in CMP(MD). 1633/ 2022 :

To set-aside the abetment caused due to the death of the 1st appellant in the above appeal.

Prayer in CMP(MD). 1635/ 2022 :

To bring on record the petitioners 4 and 5 the legal heirs of the deceased 1st appellant as appellants 6 and 7 in the above appeal.

PRAYER IN SA No.1252 of 2003:

To prefer the Memorandum of Second Appeal against the judgment and decree passed in A.S.NO.197 of 1999 on the file of Ist Additional Subordinate Judge, Tiruchirappalli dated 17-4-2002 confirming the judgment and decree in O.S.No.20/1987 on the file of District Munsif Court, Musiri dated 29-04-1994. ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of not appeared for the petitioner side either in person or by an advocate, the Court made the following order:- No representation for petitioner. Memo not filed. Hence, the CMP(MD)Nos.1632,1633 and 1635 of 2022 are closed. sd/- 25/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE I ADDITIONAL SUBORDINATE JUDGE, TIRUCHIRAPPALLI.

2 THE DISTRICT MUNSIF, MUSIRI.

ORDER

IN CMP(MD) No.1632,1633 & 1635 of 2022 in SA No.1252 of 2003 Date :25/04/2022 SA/JM/SAR.2/27.04.2022/3P/3C 3/3