Madras High CourtCMP(MD)/5165/2019allowed

D.Chakkaravarthy v. Annalakshmi(Died)

2022-07-07Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN AS(MD) No.173 of 2007

1. D.CHAKKARAVARTHY ... 1st PETITIONER/1st APPELLANT D.MAHUDAPATHY(DIED) ... 2nd APPELLANT IN AS

2. M.MOHITH ... 2nd PETITIONER/PROPOSED 3rd APPELLANT LR OF DECEASED 2nd APPELLANT Vs ANNALAKSHMI(DIED) ... 1st RESPONDENT IN AS

1. VIJAYARENGANATHAN

2. PAULPANDIAN

3. M.KALIDHAS

4. M.GURUSAMY

5. M.PANCHAVARANAM

6. M.CHIDAMBARAM

7. G.JEYARAMAN

8. NAVAMANI

9. SHANTHI 10.SUMATHI 11.V.R.J.VENKATESAN 12.J.SENTHILKUMAR 13.J.GEETHARANI 14.V.GOPAL 15.VASANTHI 16.SUBRAMANIAN 17.BOSE 18.LAKSHMIAMMAL 19.K.SUBRAMANIYAN 20.R.KUMARASAMY @ SELVAM 21.P.SURULIRAJAN 22.C.SUNDARAJ 23.M.RAVI 24.LOGAMATHA 25.NAVAMANI 26.MANIMEKALAI 1/3

27.V.KANNAN ... RESPONDENTS 1 TO 27 / RESPONDENS 2 TO 28 V.JEYARAMACHANDRAN (DIED) ... 29th RESPONDENT IN AS 28.V.RAGHAVAN 29.JAYALAKSHMI 30.DHANARANJANI 31.VISHNU ... RESPONDENTS 29 TO 31 / PROPOSED RESPONDENTS 31-33 LRS OF DECEASED 29th 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 814 days in filling the petition to setaside the abatment caused due to the death of 29th respondent in AS namly V.Jeyaramachandran.

Prayer in AS(MD). 173/ 2007 :

To set aside the Judgment and Decree dated 15/02/2007 made in OS.362/2004 on the file of the Additional District Court, Madurai (Fast Track Court No.II) Madurai by allowing this appeal with costs and thus render justice.

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.K.VIJAYANAND, Advocate for the petitioners, the court made the following order:- This petition has been filed to condone the delay of 814 days in filing the petition to set aside the abatement caused due to the death of the 29th respondent in A.S(MD)No.173 of 2007.

2. Though private notice was ordered, affidavit of service was not filed. R2 to R6, R8 to R17 and R19 to R23 have been given up. Respondents 24, 29 to 31 name have been printed in the cause list. However, the learned counsel for the petitioner would submit that some of the respondents name have been wrongly printed in the cause list. Registry is directed to verify the cause title in the petition and correct the mistake, if any.

3.Though proposed respondents served, name printed, none appeared. The learned counsel for the first respondent would submit that R1 died and he is not in a position to say the date of death and the legal representatives of R1.

4.Though the reasons stated in the affidavit filed in support of the Petition are not satisfied, however, in order to give an opportunity to bring on record the legal representatives of the deceased 29th respondent, this Petition is allowed on condition that 2/3

the Petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards costs before the Registry to the credit of the C.M.P (MD)No.5165 of 2019 within 10 days from today and on deposit of the same, the petition shall stand allowed and failing which, the Petition shall stand automatically dismissed without further reference to this Court.

5. In case, the first respondent died in the main appeal, the appellants are directed to take steps to bring on record the legal representatives of the first respondent in the main appeal.

6. Memo of compliance report has to be filed on or before 20.07.2022. List the matter on 22.07.2022.

sd/- 07/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, (FAST TRACK COURT NO.II), MADURAI.

COPY TO :

1. THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB-ASSISTANT REGISTRAR, A.E. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3. THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4. THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN IN AS(MD) No.173 of 2007 Date :07/07/2022 AM USK/PN/SAR-II/11.07.2022/3P/6C 3/3