Madras High CourtCMP(MD)/2834/2019dismissed

Narasinga Nadar (Died) v. Pandiarajan,

2023-06-05Honourable Mr Justice P. Velmurugan2 pages

SA No.1052 of 2001 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.2834 to 2836 of 2019 IN SA No.1052 of 2001 NARASINGA NADAR (DIED) K.PANDIARAJAN ... Petitioner / Legal Heir of deceased 1st respondent ... impleading party as the beneficiary of the will executed by the 1st respondent Narasinga Nadar Vs 1 PANDIARAJAN ... Appellant / Respondent 2 BALAKRISHNAN 3 KARUPPIAH NADAR ... Respondents 2 & 3 / Respondents Prayer in CMP(MD). 2834/ 2019 :

Pleased to condone the delay of 4654 days in filing the petition to set aside the abtement caused due to the death of the 1st respondent in the above said second appeal. Prayer in CMP(MD). 2835/ 2019 :

Pleased to set aside the abatement caused due to the death of the 1st respondent in the above said second appeal. Prayer in CMP(MD). 2836/ 2019 :

Pleased to bring on record the petitioner herein as legal representative of the deceased 1st respondent in Second Appeal (MD) No.1052 of 2001 and rank him as 4th respondent in the above said second appeal.

Prayer in SA(MD) No.1052 of 2001:

To prefer this memorandum of second appeal against the judgment and decree in A.S.No.283 of 1996 on the file of Principal District Court, Virudhunagar District at Srivilliputtur dated https://www.mhc.tn.gov.in/judis 1/2

SA No.1052 of 2001 09.09.1999 reversing the judgment and decree in OS.No.414 of 1993 on the file of Additional Sub Court, Virudhunagar District at Srivilliputtur dated 14.03.1996.

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 Mr.S.LOGANATHAN, Advocate for the petitioner in all petitions, the court made the following order:- Conditional order of this Court dated 26.04.2023 in C.M.P(MD) No.2834 of 2019 has not been complied with. Therefore, C.M.P(MD) No.2834 of 2019 is dismissed. The petitions in C.M.P(MD)Nos.2835 and 2836 of 2019 are consequential petitions. Therefore, C.M.P(MD) Nos.2835 and 2836 of 2019 also stand dismissed. sd/- 05/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI To To 1.The Principal District Judge, Virudhunagar District at Srivilliputtur.

2.Additional Subordinate Judge, Virudhunagar District at Srivilliputtur.

+1 CC to M/s.A.SIVAJI, Advocate ( SR-8069[I] dated 05/06/2023 )

ORDER

IN CMP(MD) Nos.2834 to 2836 of 2019 IN SA No.1052 of 2001 Date :05/06/2023 ED/BUC/SAR- (07/06/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2