N.Ravi, v. N.Baskar(Died)

AS(MD) No.109 of 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Eighth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.3547,3548 & 3549 of 2019 IN AS(MD) No.109 of 2008 N.RAVI ... PETITIONER/APPELLANT IN ALL THE PETITIONS Vs 1 N.BASKAR(DIED) 2 S.SURESH 3 N.REJENDRAN 4 T.B.THINAKARAN(DIED) 5 M.SIVAGAMI 6 MINOR. ANUSYA 7 MINOR.YASWANTH MINOR RESPONDENTS 4 & 5 REP. BY ITS MOTHER & NATURAL GUARDIAN, THE 3RD RESPONDENT HEREIN.

... RESPONDENTS/RESPONDENTS IN ALL THE PETITIONS 8 VIJAYALAKSHMI 9 NISHANTHINI 10 VIGNESH ... RESPONDENTS/ PROPOSED RESPONDENTS 6 TO 8 IN ALL THE PETITIONS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the dely of 1558 days in filing the petition to set aside the abatement caused due to the death of the 1st respondent in A.S (MD)No.109 of 2008.

Prayer in CMP(MD). 3548/ 2019 :

Pleased to set aside the abatement caused due to the death of the 1st respondent in A.S(MD)No.109 of 2008.

Prayer in CMP(MD). 3549/ 2019 :

Pleased to bring on record the proposed respondents 8 to 10 https://hcservices.ecourts.gov.in/hcservices/ 1/2

AS(MD) No.109 of 2008 herein as legal representatives of deceased 1st respondent and rank them as respondents 8 to 10 in A.S(MD)No.109 of 2008. PRAYER IN AS(MD).No.109/2008:

Pleased to allow this First Appeal by setting aside the Judgement and Decree in O.S.No.175 of 2004 dated 29.09.2006 on the file of the Learned I Additional District Judge, Tiruchirappalli, with cost.

COMMON ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.M.SIDDHARTHAN, Advocate for the petitioner in all the Petitions, the court made the following order:- This Court by order, dated 6.8.2020, has ordered the condone delay petition in C.M.P(MD)No.3547 of 2019, however, on condition that the Petitioner pays a sum of Rs.1500/-towards costs to the Legal Services Committee attached to this Bench within a period of two weeks from the date of receipt of a copy of the order, failing which, the Petition shall stand automatically dismissed without further reference to this Court.

Since the order of this Court has not been complied with, the Petition to condone the delay stands automatically dismissed on the expiry of the said period. Consequently, the Petitions in C.M.P(MD)Nos.3548 of 2019 to set aside the abatement caused due to the death of the first respondent in the above appeal and C.M.P(MD)No.3549 of 2019 to bring on record the proposed respondents 8 to 10 as the legal representatives of the deceased first respondent, though not listed today, are taken on file and the same stands dismissed.

sd/- 28/06/2022 / TRUE COPY / /06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE I ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPPALLI. COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(SOFT COPY) +1 cc to M/S.M.SIDDHARTHAN, Advocate, SR.No.6353 (Date:30.06.2022) ORDER IN CMP(MD) Nos.3547,3548 & 3549 of 2019 IN AS(MD) No.109 of 2008 Date :28/06/2022 SA/PN/SAR.2/29.06.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2