Karuppayee (Died), 2. Panchavarnam, v. 1. Karmegam (Died), 2. Marisamy (Died), 3. Lakshmi Ammal,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI IN SA No.1763 of 2000 1 KARUPPAYEE (DIED) 2 PANCHAVARNAM 3 MURUGAVALLI 4 VELLAISAMY 5 PACKIYALAKSHMI 6 MANIKANDAN 7 ANANDHAN 8 MEENAMMAL 9 MANJULA DEVI 10 MAHALAKSHMI ... PETITIONERS/APPELLANTS Vs 1 KARMEGAM (DIED) 2 MARISAMY (DIED) 3 LAKSHMI AMMAL 4 MEENAL 5 RAMAYEE 6 GOVINDAMMAL 7 KALIMUTHU THEVAR 8 KARMEGAM S/O.LATE.AYYAVUR THEVAR 9 ALAGAR 10 SIGAPPI AMMAL 1/4
11 MALAIRAJ S/O.LATE RAKKAPPA THEVAR 12 GANDHI 13 GOVINDARAJ 14 SELVAM 15 MALAIMEGU 16 KARUPPIAH 17 RAMACHANDRAN 18 GOVINDAN S/O.LATE MUTHANDI THEVAR 19 RAKKU 20 KARUPPAYEE 21 GOVINDAN S/O.NEELAMEGAM 22 KARMEGAM S/O.NEELAMEGAM 23 KALIMUTHU 24 RAKKAMMLAL 25 KARUPPAIAH 26 LAKSHMI 27 MALAIRAJ S/O.LATE MUNIYANDI THEVAR 28 GOVINDAN S/O.LATE MUNIYANDI THEVAR 29 KALIAMMAL 30 MURUGESAN 31 MARIYAMMAL ... RESPONDENTS 1 TO 31/RESPONDENTS 1 TO 31 32 MARIAMMAL 33 KALIMUTHAAN 34 SURIYAGANDHI 2/4
35 KALA 36 PARIMALA 37 BALAKRISHNAN 38 HARIKRISHNAN 39 ROOPA 40 SANJAY 41 MAREESWARAN ... RESPONDENTS 32 TO 41/ PROPOSED RESPONDENTS 32 TO 41 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 2162 days in seeking to set aside the abatement caused due to death of the 1st respondent namely Karmegam in S.A. No. 1763 of 2000.
PRAYER IN SA No.1763 of 2000:
Pleased to allow the above second appeal setting aside the judgment and Decree of the learned Principal District Judge, Ramanathapuram dated 13.02.2000 in A.S.No.2 of 1999 confirming the judgment and Decree of the learned Additional District Munsif, Ramanathapuram dated 31.07.1998 in O.S.No.298 of 1991 and to decree the said suit as prayed for.
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.G.SRIDHARAN, Advocate for the petitioners, the Court made the following order:- On the side of the petitioner, it is stated that the petitioner is not aware of the death of R1 and there is a delay of 2162 days for taking steps for R1 and prayed the delay to be condoned. Reasons stated are not satisfactory. But the LR's of R1 are necessary to the case. Hence, this petition is allowed on condition of payment of Rs.2,000/- to the Siddha Hospital, attached to this Court, on or before 26.04.2022.
Call on 28.04.2022 "for reporting compliance". sd/- 18/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM.
2 THE ADDITIONAL DISTRICT MUNSIF RAMANATHAPURAM.
COPY TO:
THE OFFICER INCHARGE, SIDDHA HOSPITAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN SA No.1763 of 2000 Date :18/04/2022 (1/2) SS/SVR/SAR:IV/20.04.2022 : 4P/4C 4/4