Madras High CourtCMP(MD)/8422/2021allowed

Kumaraswamy Nadar v. Thangappan (Died)

2021-10-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of October Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.8422 of 2021 IN SA(MD) No.981 of 2005 KUMARASWAMY NADAR ... PETITIONER/4th RESPONDENT Vs

1. THANGAPPAN (DIED) ... 1st RESPONDENT/APPELLANT

2. RAJAYYAN

3. AMBROSE

4. RADHA

5. SINGARAYAN

6. RAMAKRISHNAN

7. SINDU KUMAR

8. CHELLAPPAN S/O.CHINNAKANNU

9. CHELLAPPAN S/O.KOCHUPODI 10.CHINNAPPILLAI 11.RATHINAMMA 12.SAM SATHIYADASS 13.SAMUEL 14.VALSALAM 15.NELSON 16.CHELLAN 17.PONNUSAMY 18.KAMARAJ 19.SAROJINI 20.VIJAYAKUMARI 21.GOPALAN 22.VIJAYAKUMARAN 23.PACHU NADATHI 24.CHELLAPPAN NADAR 25.SUNDARADASS 26.CHELLAIYAN 27.SELVARAJ 28.SADHASIVAN 29.GANESAN 30.THANGAPPAN 31.THANGASWAMY S/O.MUTHUSAMY 32.TITUS 33.JABAGNANAM 34.THANGASWAMY S/O.MUTHUSWAMY NADAR 35.RAJAKUMAR 36.RAVI 1/3

37.RAJAKUMAR S/O.SINGARAJAN 38.P.C.CHANDRASEKARAN 39.CHANDRALAL 40.SUNDARALAL 41.GOMATHY ... RESPONDENTS/APPELLANT AND RESPONDENTS 1 TO 3 AND 5 TO 41 (*)42.JAINI 43.JEGAN 44.JEGATHEESH 45.JENISH ... RESPONDENTS (*)(RESPONDENTS 42 TO 45 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 1st RESPONDENT IN VIEW OF THE ORDER DATED 08.10.2021 MADE IN CMP(MD) Nos.8449, 8450 & 8451/2021 in SA(MD) NO.981/2005). Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to repair my building, bearing Door No.8/56 of Vilathurai Village Panchayat, in Survey No.1109 of Kunnathoor Village, Vilavancode Taluk, Kanyakumari District, which is subject matter of the above Second Appeal, pending disposal of the above second appeal.

PRAYER IN SA(MD) No.981 of 2005 :

To prefer this Memorandum of Second Appeal before this Hon'ble Court against the Judgment and Decree dated 27.01.2004 passed in A.S.No.128/1997 by the Sub Court, Kuzhithurai by reversing the Judgment Decree passed in O.S.No.77/1976 dated 7.4.1997 on the file of Principal District Munsif, Kuzhithurai.

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.N.THAMPI, Advocate for the petitioner and of MR.T.S.R.VENKATARAMAN, Advocate for the Respondents No.1, 2 and 13 and Mr.K.SREE KUMARAN NAIR and Mr.S.GOKULRAJ, Advocate for the Respondent No.3 and Mr.V.M.BALAMOHAN THAMBI, Advocate for the 6th Respondent and Respondent No.38 & 39 not appearing either in person or through by an advocate, the court made the following order:- The petitioner herein is figuring as fourth respondent in the second appeal. The grievance of the petitioner is that the house in which he is presently residing had virtually fallen down due to rain. He wants permission of this Court to repair the petition mentioned building.

2. Though this was objected by some of the learned counsel appearing for the respondents, I am of the view that the permission sought for can be granted subject to the outcome of the second appeal.

2/3

3. The learned counsel appearing for the petitioner makes it clear that the petitioner will not claim any equity based on the order passed by this Court and he further undertakes that as and when the case is listed for hearing, he would get along with the matter.

4. In view of the submission made by the learned counsel appearing for the petitioner, this civil miscellaneous petition is allowed.

sd/- 08/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: 1. In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE SUBORDINATE JUDGE, KUZHITHURAI.

2. THE PRINCIPAL DISTRICT MUNSIF, KUZHITHURAI.

+1 CC to M/s.J.ANANDHAVALLI, Advocate (SR-7141[I] dated 08/10/2021 ) +1 CC to M/s.K.N.THAMBI, Advocate ( SR-7102[I] dated 08/10/2021 )

ORDER

IN CMP(MD) No.8422 of 2021 IN SA(MD) No.981 of 2005 Date :08/10/2021 USK/JM/SAR-IV/(08.10.2021) 3P-5C 3/3