Madras High CourtCMP(MD)/2389/2022allowed on condition

J.Francisca(Died),2).Victor John, v. Joy Glory

2022-04-08Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.2389 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.2389 of 2022 IN SA(MD)No.603 of 2007 1 J.FRANCISCA(DIED) 2 VICTOR JOHN 3 J.ANTO MATHU 4 J.ALDO BEBIN 5 J.SUBAHAR ... PETITIONER/PROPOSED APPELLANTS 3 TO 5 Vs 1 JOY GLORY 2 RAJA RATHINAM ... RESPONDENTS/RESPONDENTS 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 1432 days in filing the petition to set aside the abatement caused due to the death of the 1st Appellant in the above Second Appeal in S.A(MD).No.603 of 2007. PRAYER IN SA(MD)No.603/2007:

To prefer the following memorandum of Grounds of Second Appeal as against the Judgment and Decree of the Principal District Munsif, Valliyoor, dated 24.03.2000 and made in O.S.No.504 of 1993, as confirmed by the IInd Additional Sub Court at Tirunelveli dated 16.02.2004 and made in A.S.No.218 of 2002.

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.J.MARIA RUBIT, Advocate for the petitioners, the court made the following order:- On the side of the petitioner, it is stated that the petitioners are not aware of the pendency of the case and hence https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2389 of 2022 there is a delay of 1432 days in taking steps for the deceased first appellant and pray the same to be condoned.

2.The reasons stated are not satisfactory. But the legal representatives of the first appellant are necessary party to the case. Hence, this petition is allowed on payment of Rs.1,000/- (Rupees Thousand only) to the Siddha unit attached to this bench on or before 21.04.2022.

3. Call on 25.04.2022.

sd/- 08/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT MUNSIF VALLIYOOR.

2 THE IIND ADDITIONAL SUBORDINATE JUDGE, TIRUNELVELI.

COPY TO:

THE MEDICAL OFFICER, SIDDHA UNIT MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2389 of 2022 IN SA(MD)No.603 of 2007 Date :08/04/2022 SA/PN/SAR.3/18.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2