Madras High CourtCMP(MD)/11615/2018dismissed for nonprosecution

Ganesan @ Ganeshwar, v. Seventhilingam (Died),

2019-02-19Honourable Mrs Justice S. Ramathilagam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM C.M.P.(MD) Nos.11615 to 11617 & 11700 to 11702 of 2018 in C.R.P.(MD) Nos.2395 & 2373 of 2018 GANESAN @ GANESHWAR ... PETITIONER/ PETITIONER IN ALL THE PETITIONS Vs 1 SEVENTHILINGAM (DIED) ... RESPONDENT/ RESPONDENT IN ALL THE PETITIONS 2 S.PAPPA 3 ANBALAGAN 4 SUBRAMANIYAN 5 JAYANTHI ... RESPONDENTS 2 TO 5/ LR's OF DECEASED 1st RESPONDENT IN ALL THE PETITIONS Prayer in CMP(MD). 11615/ 2018 IN C.R.P.(MD) No.2395 of 2018: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the delay in 453 days in seeking to set aside the abatement caused by the death of the deceased 1st Respondent Sevanthilingam in the above Civil Revision Petition in C.R.P.(MD) no. 2395 of 2018 and thus render justice.

Prayer in CMP(MD). 11616/ 2018 IN C.R.P.(MD) No.2395 of 2018: To set aside the abatement of the deceased 1st Respondent Sevanthilingam in the above Civil Revision Petition in C.R.P.(MD) No. 2395 of 2018 and thus render justice.

Prayer in CMP(MD). 11617/ 2018 IN C.R.P.(MD) No.2395 of 2018: To PERMIT the petitioner herein to bring on record the legal heirs of the deceased 1st Respondent and rank them as Respondent 2 to 5 in the above Civil Revision Petition in C.R.P.(MD) No. 2395 of 2018 and pass such further or other orders as this Honourable Court may deem fit and proper in the nature and circumstances of the case and thus render justice.

Prayer in CMP(MD). 11700/ 2018 IN C.R.P.(MD) No.2373 of 2018: Pleased to condone the delay of 453 days in seeking to set aside the abatement caused by the death of the deceased 1st Respondent Sevanthilingam in the above Civil Revision Petition in C.R.P.(MD)No.2373 of 2018 and thus render justice.

Prayer in CMP(MD). 11701/ 2018 IN C.R.P.(MD) No.2373 of 2018: Pleased to set aside the abatement of the deceased 1st Respondent Sevanthilingam in the above Civil Revision Petition in CRP(MD)No.2373 of 2018 and thus render justice. Prayer in CMP(MD). 11702/ 2018 IN C.R.P.(MD) No.2373 of 2018: Pleased to permit the petitioner herein to bring on record the legal heirs of the deceased 1st Respondent and rank them as Respondent 2 to 5 in the above Civil Revision Petition in C.R.P.(MD) No.2373 of 2018 and pass such further or other orders as this Honble Court may deem fit and proper in the nature and circumstances of the case and thus render justice.

Prayer in CRP(MD). 2395/ 2018 :

To set aside the fair and decreetal order in I.A.No.463 of 2016 in O.S.No.2340 of 2004 dated 06.03.2017 on the file of the Learned III Additional District Munsif, Trichy, and allow the CRP and thus render justice.

Prayer in CRP(MD). 2373/ 2018 :

To set aside the fair and decreetal order in I.A.No.462 of 2016 in O.S.No.1778 of 2012 on the file of the Learned Additional District Munsif No.III, Trichy, Trichy District dated 06.03.2017, and allow the CRP.

Order : These petitions coming on for orders upon perusing the petition filed in support thereof, petitioner and respondent not appearing either in person or by an advocate in all the petitions, the court made the following order.

These petitions have been filed to condone the delay of 453 days, to set aside the abatement caused due to the death of the first respondent and to bring on record the legal heirs of the deceased.

2.When the matter was taken up for hearing on 04.02.2019, the stay already granted by this Court was vacated. 3.When the matter was taken up for hearing today, there is no representation on either side. Hence, these petitions are dismissed for non prosecution.

sd/- 19/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE III ADDITIONAL DISTRICT MUNSIF, TRICHY.

ORDER IN C.M.P.(MD) Nos.11615 to 11617 & 11700 to 11702 of 2018 in C.R.P.(MD) Nos.2395 & 2373 of 2018 Date :19/02/2019 MS/PN/SAR-4/22.02.2019/3P.2C