P. Rajavelu, v. V. Subramani (Died) 2. V.Arumugam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Tenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L.VICTORIA GOWRI in AS(MD) No.238 of 2015 1 P. RAJAVELU, 2 P.SENTHILKUMAR 3 P.VINAYAGAMOORTHY 4 P.LATHA (DIED) 5 P.SEETHALAKSHMI 6 P.SELLAKANNU (DIED) 7 M.SUBRAMANIYAN 8 M.LAKSHMI 9 V.PERIYANNAN (DIED) 10 V.SUBRAMANIAN 11 V.MURUGESAN 12 V.PERIYAKKAL 13 P.MUTHUSAMY 14 P.SAKTHIVEL 15 P.LAKSHMI 16 P.PARVATHI 17 V.RAJARAJESHWARI 18 V.RAJARAJENDRAN ... PETITIONERS/APPELLANTS 19 V.C.RAJENDRAN 20 BHUVANESWARI 21 MANIMARAN ... RESPONDENTS 19 TO 21 /PROPOSED APPELLANTS 19 TO 21 (LEGAL HEIRS OF THE 4TH APPELLANT NAMELY P.LATHA) 22 AMUTHA 23 AMSAVALLI 24 RANJINI 25 MANIKANDAN ... PROPOSED PETITIONERS 22 TO 25 /PROPOSED APPELLANTS 22 TO 25 (LEGAL HEIRS OF THE 9TH APPELLANT NAMELY V.PERIYANNAN) 1/4
Vs 1 V. SUNRAMANI (DIED) 2 V.ARUMUGAM 3 V.MAYANDI 4 V.DHANDAYUTHAPANI 5 V.PARIDHASAN @ PADMA 6 T.MARIYAYEE 7 T.VELUSAMY 8 T.MAGAMANI 9 T.PONNUSAMY 10 T.NATARAJAN 11 T.SHANMUGAM ... RESPONDENTS 1 TO 11/RESPONDENTS 1 TO 11 12 SUNDARI 13 VIVEKANANDAN 14 SUJATHA 15 GANDHIMATHI ... PROPOSED RESPONDENTS 12 TO 15 /PROPOSED RESPONDENTS 12 TO 15 (LR OF THE 1ST RESPONDENT NAMELY V.SUNRAMANI) Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 1219 days in filing the petition to set aside the abatement in so far as the deceased 9th Appellant namely Periyannan in A.S.(MD) No.238 of 2015 on the file of this Honourable Court.
PRAYER IN AS(MD) No.238 of 2015 :
To prefer this Memorandum of Grounds of Appeal against the judgment and decree of the III Additional District Judge, Tiruchirappalli dated 2.1.2014 in O.S.No.159 of 2010.
ORDER : This Civil Miscellaneous 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.P.ARUN JAYATRAM, Advocate for the petitioner and of MR.S.MUTHUKRISHNAN, Advocate on behalf of the Respondent Nos.2 to 5, the court made the following order:- 2/4
C.M.P.(MD).No.11679 of 2023 is filed to condone the delay of 1219 days in filing the petition to set aside the abatement in so far as the deceased 9th appellant.
2. Heard both sides.
3. Being satisfied with the reasons stated in the accompanying affidavit, this petition is allowed on payment of cost of Rs.500/- (Rupees Five Hundred only) to the Siddha Clinic, Madurai Bench of Madras High Court. (A/c No.6865578213, Indian Bank, Madurai Bench of Madras High Court), failing which, this petition shall stand automatically dismissed without reference to this Court.
4. Post this case on 15.11.2023.
sd/- 10/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
sml TO THE III ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPPALLI.
COPY TO THE OFFICER INCHARGE, SIDDHA CLINIC, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3/4
ORDER
IN in AS(MD) No.238 of 2015 Date :10/10/2023 RS/JGB/SAR-(25.10.2023) 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4