Madras High CourtCMP(MD)/4584/2020dismissed

A. Sarasu v. V. Palanichamy (Died)

2023-06-22Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.4584 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Second day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.4584, 4586 and 4588 of 2020 IN SA(MD) No.7 of 2013 A. SARASU ... Petitioner / Appellant in all petitioners Vs 1 V. PALANICHAMY (DIED) ... Sole Respondent in Second Appeal in all petitions 2 P.SELVI 3 P.KEERATHANA 4 MINOR.P.KISHORE ... Respondents / Proposed Parties in all petitions (MINOR FOURTH RESPONDENT IS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, THE SECOND RESPONDENT) Prayer in CMP(MD). 4584/ 2020 :

To pass an order condoning the delay of 2078 days in filing the application to set aside the abatement of the second appeal in S.A.(MD).No.7 of 2013 caused due to the death of the sole respondent, Palanichamy.

Prayer in CMP(MD). 4586/ 2020 :

To pass an order setting aside the abatement of the second appeal in S.A.(MD).No.7 of 2013 caused due to the death of the sole respondent, Palanichamy.

Prayer in CMP(MD). 4588/ 2020 :

To pass an order bringing on record respondents 2 to 4 proposed parties as legal representatives of the deceased sole respondent, Palanichamy and array them as respondents 2 to 4 in the Second Appeal in S.A(MD).No.7 of 2013.

Prayer in SA(MD) No.7 of 2013:

To pass a decree and judgement setting aside the judgement https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.4584 of 2020 and decree dated 21.06.2012 passed in the appeal in A.S.No.137 of 2011 on the file of the Subordinate Judge, Usilampatti Camp (Third Additional Subordinate Judge, Madurai) reversing the judgement and decree dated 30.04.2011 passed in the suit in O.S.No.42 of 2001 on the file of the District Munsif cum Judicial Magistrate, Madurai and dismiss the suit in entirety with costs throughout. 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.T.R.JEYAPALAM, Advocate for the petitioner, the court made the following order:- There is no proof filed for the age of the fourth respondent. Hence these petitions are dismissed with liberty to file fresh application after ascertaining the age of the fourth respondent on the same cause of action.

sd/- 22/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB To 1.The Subordinate Judge, Usilampatti Camp, (Third Additional Subordinate Judge, Madurai). 2.The District Munsif cum Judicial Magistrate, Madurai.

ORDER

IN CMP(MD) Nos.4584, 4586 and IN SA(MD) No.7 of 2013 Date :22/06/2023 ED/VS/SAR- (04/07/2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2