Madras High CourtCMP(MD)/8013/2021ordered

Thangaraja v. Chandran(Died)

2022-09-08Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI C.M.P(MD)Nos.8013 & 9884 of 2021 in IN CMP (MD)NO.8013 OF 2021 1 THANGARAJA 2 ARUNASALA VADIVOO ... PETITIONERS/PETITIONERS Vs 1 CHANDRAN(DIED) 2 RAJA 3 DURAI PANDIYAN ...RESPONDENTS/RESPONDENTS 4 C.LYISBOY (4TH RESPONDENT IS BROUGHT ON RECORD AS LR OF THE DECEASED 1ST RESPONDENT VIDE COURT ORDER DATED 30.08.2022 MADE IN CMP (MD)NOS.34,37 & 39 OF 2022 IN CRP (MD)SR NO.40645 OF 2021) ...4TH RESPONDENT IN CMP(MD)NO.9884 OF 2021 1 THANGARAJA 2 ARUNASALA VADIVOO ...PETITIONERS/PETITIONERS/ PETITIONERS VS CHANDRAN(DIED) 1 RAJA 2 DURAI PANDIYAN ...1 & 2 RESPONDENTS/RESPONDENTS 2 & 3 3 C.LYISBOY ...RESPONDENT/ PROPOSED 3RD RESPONDENT PRAYER IN CMP (MD)NO.8013 OF 2021:

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 356 days in filing the Civil Revision Petition on the file of this Honourable Court and thus render justice.

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Prayer in CMP(MD). 9884/ 2021 :

To amend the cause title by adding the Respondent 3 as 3rd Respondent in CMP(MD). NO.8013 of 2021 in C.R.P.(MD).SR.NO.40645 of 2021 and thus render justice.

PRAYER IN C.R.P.(MD).SR.NO.40645 of 2021:

To call for the records in pertaining to the order made in I.A.No.160 of 2018 in O.S.No.11 of 2017 was dismissed by order dated 21.01.2019, passed by III Additional District Judge, Tirunelveli, and set aside the same.

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.V.SORIMUTHU, Advocate for the petitioner and of M/S.P.SUBBIAH, Advocate for the Respondents the court made the following order:- C.M.P(MD)No.8013 of 2021 is filed to condone the delay of 356 days in filing the Civil Revision Petition. 2.C.M.P(MD)No.9884 of 2021 is filed to amend the cause title by adding the proposed respondent as third respondent in CRP (MD) SR.No.40645 of 2021.

3.The learned counsel appearing for the respondents 1&2 has serious objections for condoning the delay.

4.However, being satisfied with the reasons assigned in the affidavit filed in support of these applications, the delay of 356 days in filing the Civil Revision Petition is condoned.

5. On perusal of the records shows that the third respondent (C.Lyisboy, W/O, Chandran) has already been added as a party in the proceedings as per the order of this Court in CMP(MD) Nos.34,37 & 39 of 2022, dated 30.08.2022. In view of the same, C.M.P (MD)No.9884 of 2021is closed.

6.Registry is directed to number the Civil Revision Petition and list the matter in the regular course. sd/- 08/09/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE III ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

ORDER

IN C.M.P(MD)Nos.8013 & 9884 of 2021 in Date :08/09/2022 RK/GB/SAR- (07/11/2022) 3P/2C 3/3