Madras High CourtCMP(MD)/2865/2022allowed with costs

Palaniandi (Died) 2. K. Chinnaian v. K.Lingan (Died)2.Karanthan(Died)3. Mazhukkan Ambalam (Died) 4. Thangammal(Died)5.Raja Alias Murugan

2022-03-31Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.2865 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirty First day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.2865 of 2022 IN SA No.82 of 2000 1 PALANIANDI (DECEASED) 2 K.CHINNAIAN 3 K.PERIASWAMI (DECEASED) 4 NACHAMMAL (DECEASED) 5 LINGAMMAL ... PETITIONERS/APPELLANTS Vs 1 K.LINGAN (DECEASED) 2 KARANDHAN (DECEASED) 3 MAZHUKKAN AMBALAM (DECEASED) 4 THANGAMMAL (DECEASED) 5 RAJA @ MURUGAN 6 NACHAMMAL 7 ANANDAN 8 MINOR.AGASTIAN 9 ALAGAMMAL 10 PERIYAKKAL 11 CHINNA PONNU 12 VELLAIAMMAL @ PALANIAMMAL 13 LINGAMMAL 14 ANGAMMAL 15 CHINNAMMAL W/O.THANGAPANDI 16 CHINNAMMAL W/O.KARANTHAN AMBALAM 17 PALANIAMMAL 18 KULANDAIVEL @ PALANISWAMI ... RESPONDENTS/RESPONDENTS 19 GOPAL 20 SOUNDARAPANDI ...

RESPONDENTS/PROPOSED 19TH & 20TH RESPONDENTS (LEGAL HEIR OF 1ST RESPONDENT) 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 2402 days in filing the petition to set aside the abatement caused due to death of the 1st respondent in S.A. No. 82 of 2000 on the file of this Honourable Court. PRAYER IN SA No.

To prefer this Memorandum of Second Appeal to this Hon'ble Court against the Decree and Judgment of the Court of the Principal District Judge, Dindigul, made in A.S.No.145 of 1990 dated https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2865 of 2022 17.09.1998. Confirming the decree and Judgment and decree of the Additional District Munsif, Dindigul, made in O.S.No.612 of 1984 dated 13.08.1990.

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.M.V.KRISHNAN, Advocate for the petitioner, the court made the following order:- On the side of the appellant, it is stated that the first appellant was following the case and till his death, the present appellant is not aware of the proceedings taken by the first appellant and there is a delay of 2402 days in taking steps for the deceased first respondent and pray the delay to be condoned. 2.The reasons stated are not satisfactory. But to give an opportunity for the appellant to put forth his case in the interest of justice, C.M.P.(MD)No.2865 of 2022 is allowed on payment of Rs.2,000/-(Rupees Two Thousand only) to the Siddha unit attached to this Bench, on or before 11.04.2022.

3.Call on 13.04.2022.

sd/- 31/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE, DINDIGUL.

2 THE ADDITIONAL DISTRICT MUNSIF DINDIGUL.

COPY TO THE OFFICER INCHARGE, SIDDHA WING, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.2865 of 2022 IN SA No.82 of 2000 Date :31/03/2022 RS/PN/SAR.2(04.04.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2