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Madras High CourtCMP(MD)/2945/2023dismissed

Antony Heartline v. Abayam Theertha Pillai (Died) 2.Subbiah

2023-06-02Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.2945 & 2946 of 2023 IN SA(MD) No.794 of 1999 ANTONY HEARTLINE ... PETITIONER/APPELLANT IN BOTH PETITIONS Vs 1 ABAYAM THEERTHA PILLAI (DIED) ... 1ST RESPONDENT IN BOTH PETITIONS 2 SUBBIAH 3 SENTHUR PANDIAN (DIED) ... 3RD RESPONDENT IN BOTH PETITIONS 4 SUBBIAH (DIED) ... 4TH RESPONDENT IN BOTH PETITIONS 5 ANNALAKSHMI (DIED) ... 5TH RESPONDENT IN BOTH PETITIONS 6 SORIMUTHU 7 VEERABHATHRAN 8 PARAMASIVAN 9 ARUMUGHA NAINAR ... 6TH TO 9TH RESPONDENTS/ 6TH TO 9TH RESPONDENTS IN BOTH PETITIONS 10 SEETHA LAKSHMI 11 VEERA LAKSHMI ... 10 & 11 RESPONDENTS/ PROPOSED 10 & 11 RESPONDENTS LEGAL HEIRS OF DECEASED 4TH RESPONDENT IN BOTH PETITIONS 12 SANKARANARAYANA 13 ABAYAM THEERTHAN 1/3

14 SORNA VELAYUDAM ... 12 TO 14 RESPONDENTS/ PROPOSED 12 & 14 RESPONDENTS LEGAL HEIRS OF DECEASED 5TH RESPONDENT IN BOTH PETITIONS PRAYER IN CMP(MD).2945/2023:

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the abatement caused due to the death of the 5th respondent in the above S.A.No.794 of 1999 is concerned. Prayer in CMP(MD). 2946/ 2023 :

To bring on record the 12th and 14th respondents herein as the legal representatives of the deceased 5th respondent and rank them as the 12th and 14th respondents in above S.A.No.794 of 1999. Prayer in SA. 794/ 1999 :

To prefer this Memorandum of Grounds of Second Appeal against the judgment and decree in A.S.No.123 of 1995 on the file of the Sub Court, Tuticorin, dated 22.09.1998 confirming the judgment and decree in O.S.No.37 of 1993 on the file of Principal District Munsif Court, Tuticorin, dated 22.08.1995 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.R.MANIMARAN, Advocate for the petitioner, the court made the following order:- Since the application in CMP(MD).No.2944/2023 was dismissed for non-compliance of the order, these applications are also consequently dismissed.

sd/- 02/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO 1 THE SUBORDINATE JUDGE, TUTICORIN.

2 THE PRINCIPAL DISTRICT MUNSIF, TUTICORIN.

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COPY TO:

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

ORDER

IN CMP(MD) No.2945 & 2946 of 2023 IN SA(MD) No.794 of 1999 Date :02/06/2023 SA/CG/SAR. /02.06.2023/3P/4C 3/3