Madras High CourtCMP(MD)/5595/2022allowed

Annamalai v. Vellaiammal

2022-07-05Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN C.M.P(MD)No.5595 & 5596 of 2022 in A.S(MD)No.127 of 2009 1 ANNAMALAI 2 THANGAM (DIED) 3 MOOKKAYEE 4 PALANIAMMAL(DIED) ...PETITIONERS 1 TO 4/APPELLANTS IN BOTH PETITIONS 5 T.GANDHIMATHI 6 G.BOOMA DEVI 7 JOTHI 8 G.SHANMUGAPRIYA 9 T.GOMATHI 10 T.SAHADEVAN ... PETITIONERS 5 TO 10/PROPOSED APPELLANTS IN BOTH CASES Vs 1 VELLAIAMMAL 2 DHANAMAMMAL 3 REDDIAMMAL 4 ALAMELU 5 JAYA 6 SUBRAMANI 7 SUNDARAMMAL 8 RAJARAJAN 1/3

9 POORNAM ...RESPONDENTS 1 TO 9/RESPONDENTS IN BOTH PETITIONS 10 MUTHU 11 THAVAPANDI 12 KRISHNAMOORTHY (EX.WRITER ) 13 RAMAKRISHNAN 14 PRITHVIRAJ ... RESPONDENTS 10 TO 14/ PROPOSED RESPONDENTS IN BOTH PETITIONS Prayer in C.M.P(MD)No.5595 of 2022:

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 2667 days in filing the petition to set aside the abatement caused due to the death of the 4th appellant in AS(MD).No.127 of 2009.

Prayer in C.M.P(MD)No.5596 of 2022:

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 280 days in filing the petition to set aside the abatement caused due to the death of the 2nd appellant in AS(MD).No.127 of 2009.

Prayer in AS(MD). 127/ 2009 :

To call for the records and set aside the judgment and decree dated 31.08.2004 in O.S.No.40 of 2004 on the file of the Principal District Judge, Dindigul and dismiss the suit with costs throughout. ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.H.LAKSHMI SHANKAR, Advocate for the petitioner in both petitions and of M/S.G.GOMATHISHANKAR, Advocate on behalf of the Respondent Nos.1 to 5 in both petitions, the court made the following order:- Orders of this Court dated 05.07.2022 has not been complied with. Therefore the aboce CMPs are dismissed. sd/- 19/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE PRINCIPAL DISTRICT JUDGE, DINDIGUL.

ORDER

IN C.M.P(MD)No.5595 & 5596 of 2022 in A.S(MD)No.127 of 2009 Date :19/07/2022 RK/SVR/SAR-I/20.07.2022/3P/2C 3/3