Periyasamy (Died), Murugan, v. 1. Ayyanar (Died), 2. Thangaiah (Died), Ramaya Alias Ramasamy (Died), Mayandi (Died), 3. Ottakaran
C.M.P.(MD) No.4457 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice N.SESHASAYEE C.M.P.(MD) No.4457 of 2022 in S.A(MD). No.712 of 2013 PERIYASAMY (DIED) MURUGAN ...PETITIONER/APPELLAANT (IMPLEADED AS LR OF THE PLAINTIFF PERIYASAMY FOR HIMSELF AND AS REPRESENTATION OF RAJAPALAYAM CHELLAM NORTH STREET SOUTH STREET PALLAR SAMUDHAYAM, COMMON FUND AND NORTH STREET, CENTRAL PART PALLAR SAMUDHAYA COMMON FUND) Vs
1. AYYANAR (DIED)
2. THANGAIAH (DIED) ...DESEASED RESPONDENTS 1 & 2 RAMAYA ALIAS RAMASAMY (DIED) MAYANDI (DIED)
3. OTTAKARAN (RESPONDENTS 1 TO 3 FOR THEMSELVES AND REPRESENTING RAJAPALAYAM CHELLAM NORTH AND SOUTH STREET PALLAR COMMUNITY) 4 CHELLAIAH 5 P. ARUMUGAM ...RESPONDENTS 3 TO 5/RESPONDENTS 3 TO 5 6 RAMAIAH 7 DHARMARAJ ... RESPONDENTS 6 & 7/ SUBSTITUTE RESPONDENTS 1 & 2 https://www.mhc.tn.gov.in/judis 1/2
C.M.P.(MD) No.4457 of 2022 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to substitute the name of the respondents 6 and 7 herein in the place of the deceased respondents 1 and 2 in the above second appeal.
PRAYER IN S.A(MD). No.712 of 2013:
Pleased to call for the records relating to the judgment and decree in A.S.No.94/2001 on the file of Principal District Judge, Virudhunagar at Srivilliputhur dated 17.04.2013 modigying the Judgment and decree in O.S.No.74/1990 in the file the Sub Judge, Srivilliputhur dated 28.09.2001 and set aside the same. 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 S.NATARAJAN, Advocate for the petitioner and of M/S.R.SURIYA NARYANAN, Advocate on behalf of the Respondent No.3 and not appeared for the respondent No.4 either in person or through by an advocate, the court made the following order:- Respondents 1 and 2 are stated to have died and in that place, respondents 6 and 7 are sought to be substituted.
2. There is no need to substitute respondents 6 and 7 and they may contest the appeal in their respective rank. Accordingly, this petition is closed.
sd/- 18/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
abr/ssb TO THE PRINCIPAL DISTRICT JUDGE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
ORDER
IN C.M.P.(MD) No.4457 of 2022 in S.A(MD). No.712 of 2013 Date :18/10/2022 RK/SSS/SAR- (28/10/2022) 2P/2C https://www.mhc.tn.gov.in/judis 2/2