Madras High CourtCMP(MD)/5098/2022ordered

Nachammal (Died),R.Pandy v. Mayandi

2022-06-22Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction wednesday, the Twenty Second day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice N.SESHASAYEE and CMP(MD).No.5093 of 2022 CMP(MD).No.5094 of 2022 CMP(MD).5096 of 2022 in SA(MD).165/2015 Nachammal Died) W/o.Pandy, ...Deceased Appellant 1.R.Pandy 2.K.Jayanthimala 3.P.Bala Rama Chandran 4.P.Tamil Selvi 5.P.Mathivanan ... Petitioners 1to 5/Proposed Appellants 2-6 (Legal heirs of the Deceased Sole Appellant) Vs 1.Mayandi 2.Subramani 3.Deivendran 4.Kasi Rajan 5.Manoharan 6.Angammal 7.Dhanalakshmi 8.Murugeswari 9.Pushpa Valli ... Respondents/Respondents Prayer in CMP(MD). No.5098 of 2022 :- Civil Miscellaneous petition filed under Order 41 R 19 of CPC to set aside the order passed by this Honourable Court in S.A. (MD). No. 165 of 2015 dated 27.01.2021 and restore the Second Appeal.

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Prayer in CMP(MD). No.5093 of 2022 :- Civil Miscellaneous petition filed under Section 5 of Limitation Act to condone the delay in filing 224 days setting aside the abatement petition as against death of sole appellant namely Nachammal in Second Appeal in SA(MD).165 of 2015. Prayer in CMP(MD). No.5094 of 2022 :- Civil Miscellaneous petition filed under Order 22, Rule 9

(2) of CPC to set aside the abatement petition as against death of sole appellant namely Nachammal in Second Appeal in SA(MD).No.165 of 2015.

Prayer in CMP(MD). No.5096 of 2022 :- Civil Miscellaneous petition filed under Order 22, Rule 3 of CPC to bring on record the petitioners 1 to 5 as legal representative of deceased sole appellant namely Nachammal in Second Appeal in SA(MD).165 of 2015 and rank them as appellants 2 to 6 in Second Appeal in SA(MD).165 of 2015 ORDER:- These Civil miscellaneous Petitions are coming on for orders on this day and upon perusing the petitions filed in support thereof and upon hearing the arguments of M/s.V.P.Rajan, Advocate for the Petitioners and Mr.C.M.Arumugam, Advocate for the Respondents, this Court made the following order: " Heard both side.

These Petitions are allowed. The Registry is directed to make necessary amendment immediately since the appeal is posted on 27.6.2022"

Sd/- Assistant Registrar (CS III) // True Copy // 24/06/2022 Sub Assistant Registrar(CS) To

1. The Subordiante Judge, Sivagangai.

2. The Principal District Munsif, Manamadurai. 2/3

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (For listing the matter on 27.6.2022) ORDER DATED : 22.6.2022 ==========================

ORDER

========================== and CMP(MD).No.5093 of 2022 CMP(MD).No.5094 of 2022 CMP(MD).5096 of 2022 in SA(MD).165/2015 Giving direction and etc.

as stated within.

NEXT HEARING DATE : 27.6.2022 MGJ(24.06.2022) 3P 4C 3/3