Madras High CourtCMP(MD)/8949/2023dismissed for default

Muthupandi, v. 1. Azhagar (Died),2. Pandiyammal,

2023-08-22Honourable Mr. Justice C.Kumarappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C. KUMARAPPAN CMP(MD) Nos.8949 and 8951 of 2023 IN MUTHUPANDI ... Petitioner / 2nd Respondent Vs 1 AZHAGAR (DIED) ... Deceased / Petitioner 2 PANDIYAMMAL ... 2nd Respondent / 1st Respondent 3 A. RAJAPANDI 4 A. MALAICHAMY 5 A. ARUMUGAM 6 A. KALEESWARAN 7 A. BALASUBRAMANIAN 8 A. JEYA 9 A. SURESH 10 SOUNDARYA ... Respondents 3 to 10 / Proposed Respondents 1/3

Prayer in CMP(MD). 8949/ 2023 :

To set aside the abatement caused due to the death of petitioner Azhagar in the above Civil Revision Petition.

Prayer in CMP(MD). 8951/ 2023 :

To bring the legal heirs of the deceased Azhagar, the proposed respondents, as respondents 2 to 9 in the above Civil Revision Petition. Prayer in CRP(MD). 2848/ 2018 :

To set aside the fair and decreetal order dated 28.11.2018 made in I.A.No.497 of 2018 in O.S.No.130 of 2013 on the file of Principal District Munsif Court, Manamadurai and allow the civil Revision Petition. ORDER : These civil miscellaneous petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and not appeared for petitioner in person or through by an Advocate and of M/s.VIJAYAKUMARI NATARAJAN, Advocate on behalf of the Respondent No.1, the court made the following order:- These applications are filed to set aside the abatement caused due to the death of the petitioner Azhagar and to bring on record the legal heirs of the deceased Azhagar as respondents 2 to 9 in the civil revision petition.

2. There is no representation on behalf of the petitioner. The learned counsel for the respondents is present.

3. When the matter came up for hearing on 17.08.2023, there was no representation for the petitioner, hence, the matter was directed to be listed on 22.08.2023 under the caption 'for dismissal'.

4. It is pertinent to mention that today inspite of the matter comes under the 2/3

caption for dismissal, no one is appeared on behalf of petitioner. Hence, these civil miscellaneous applications are dismissed for default. sd/- 22/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM To The Principal District Munsif, Manamadurai.

ORDER

IN CMP(MD) Nos.8949 and 8951 of 2023 IN Date :22/08/2023 ED/ /SAR- (28/08/2023) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3