Vaithiammal v. Kamalambal Achi (Died), Al.Vr.Al.Subramanian Chettiar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Third day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN SA No.1510 of 1998 1 VAITHIAMMAL 2 SP.RENGAMMAL(DIED) 3 R.GANESAN,(DIED) 4 RM.SHANMUGAM 5 MUTHATHAL ... Petitioners 1,4 & 5 / Appellants 1 to5 6 VELAYUTHAM 7 BANUMATHI 8 S.VALLIMAYIL 9 KALIAMMAL 10 MURUGANANTHAM 11 KARPAGAM ... Petitioners 6 to 11 / Proposed Appellants 6 to 11 Vs 1 KAMALAMBAL ACHI (DIED) 2 AL.VR.AL.SUBRAMANIAN CHETTIAR 3 KAILASA THEVAR(DIED) 4 RUKMANI 5 MUTHURAMAN 6 SHANMUGAM ASARI 7 SATHYEYA AMMAL 8 SP.RAMIAH,(DIED) 9 VENKATACHALAM PILLAI 10 CHELLAIAH 11 KALYANIAMMAL 12 PERUMAL NAIDU 13 SP.PERIASAMI 14 KARUPPIAH 15 AL.VR.RAMANATHAN CHETTIAR 16 AL.VR.AL.VEERAPPAN CHETTIAR 17 M.RAMANATHAN 18 M.SUBRAMANIAN 19 S.V.KRISHNAN 20 PANCHAVARNAM 21 G.ALAGAMMAL 1/3

22 G.MUTHUKUMAR 23 SRIKUMAR 24 G.VASANTHA 25 KAYAMBU 26 RAJESWARI 27 LALITHA ... Respondents 1,2,4 to7, 9 to 27 / Respondents 1 t 27 28 P.VALLIAPPAN 29 P.KAMALA 30 KAYALVIZHI 31 NEPOLIAN 32 VASANTHI 33 MUTHULAKSHMI 34 M.PONNATHAL ... Respondents 28 to 34 / Proposed Respondents 28 to 34 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 303 days in filing the petition to set aside the abatement caused in respect of the deceased 3rd appellant in S.A.No.1510 of 1998 on the file of this Honourable Court.

Prayer in SA No.1510 of 1998:

To prefer this memorandum of grounds of second appeal as against the judgment and decree of the Learned District Judge, Sivagangai, dated 24.12.1996 in A.S.No.15 of 1996 confirming the judgment and decree of the Learned Subordinate Judge in I.A.No.256 of 1990 in O.S.No.31 of 1976 dated 07.10.1994. 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 Mr.A.ARUMUGAM, Advocate for M/S.AJMAL ASSOCIATES, Advocate for the petitioners, the court made the following order:- This application is filed to condone the delay of 303 days in filing the application to set aside the abatement caused due to the death of the 3rd appellant in the second appeal.

2. Though the reasons stated in the accompanying affidavit filed in support of the Petition are not satisfied since the delay is huge, however, in order to give an opportunity to the parties to prosecute the appeal, the delay of 303 days is condoned on condition that the petitioners shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) towards costs before the Registry to the credit of C.M.P(MD)No.10484 of 2022 within a period of one month and on deposit of the same, the petition shall stand allowed, failing which, the Petition shall stand automatically dismissed without further reference to this Court.

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3.List the matter on 03.08.2023 for filing compliance report. sd/- 23/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM To 1.The District Judge, Sivagangai.

2.The Subordinate Judge, Sivagangai.

Copy to:

1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

2.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

3.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

4.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN IN SA No.1510 of 1998 Date :23/06/2023 ED/ /SAR- (08/07/2023) 3P 7C 3/3