Madras High CourtCMP(MD)/4452/2023ordered

Pandi v. V.Kamachi (Died),Kathaiah

2023-09-21Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty First day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in AS(MD) No.189 of 2011

1. Pandi

2. Muthuraman

3. Pothumponnu

4. Karthick ... Petitioners/Petitioners/Appellant Vs 1 V.Kamachi (Died), 2 Kathaiah 3 Rengan

...Respondents 2 &3/Respondents 2&3/Respondents 2 &3

4 Ganesan (Died) 5 Kamalam 6 Angammal (Died) 7 Vasanthal 8 Amirtham @ Pothumponnu 1/4

9 Tmt.Mangayee

...Respondents 7 to 9/Respondents 7 to 9/Respondents 7 to 9

10 Shanthi 11 Kannadasan 12 Thirunavukarasu 13 Santhya 14 Rani 15 Muthulakshmi 16 Selvaras 17 Parameswari ... Respondent 14 to 17/proposed Respondent 14 to 17/ proposed Respondent 14 to 17 Prayer in CMP(MD). No.4452 of 2023:- This Civil Miscellaneous Petition is filed under section 5 of C.P.C.,to condone the delay of 2534 days for filing the set aside abatement caused due ti the death of 6th respondent Angammal in CMP(MD)No.8596 of 2022 in AS(MD) No.189 of 2011. Prayer in AS(MS)No.189 of 2011:- This Appeal Suit is filed under section 96 of C.P.C., to prefer against the Judgment and decree dated 27/04/2011 in OS No.6 of 2006, on the file of the District Judge, Sivagangai.

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ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.P.Narayana Kumar, Advocate for the Petitioner and of Mr.P.Maharajan, for the 2nd and 3rd respondents, this Court made the following order: Pursuant to the direction of this Court dated 05.09.2023, the petitioners have paid the cost of Rs.2,000/- (Rupees Two Thousand only) and the learned counsel appearing for the petitioners has also filed a cost Memo dated 15.09.2023 stating that cost paid. The above said Memo is recorded.

2. In view of the above, this petition is ordered. Sd/- Assistant Registrar (CS-III) // True Copy // /10/2023 Sub Assistant Registrar(CS) TO The District Judge, Sivagangai.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 21/09/2023 ==========================

ORDER

========================== in AS(MD) No.189 of 2011 Giving direction and etc.

as stated within.

RD(05/10/2023) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4