Madras High CourtCMP(MD)/7369/2019allowed on condition

Kumarasamy v. S.S.A.Petchimuthu Pillai(Died)

2023-07-12Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD) Nos.7369, 7372 & 7373 of 2019 IN KUMARASAMY ... PETITIONER/APPELLANT in ALL THE PETITIONS Vs 1 S.S.A.PETCHIMUTHU PILLAI(DIED), 2 LINGAMA NAICKER (DIED) 3 RAVI NARAYANAN 4 P.K.JEGANATHA PERUMAL 5 K.KANDASAMY 6 N.RAMESH 7 CHITHU REDDIAR 8 A.CHANDRASEKARAN 9 V.BOSE ... RESPONDENTS 1 TO 9/RESPONDENTS 1 TO 9 in CMP(MD)No.7369 of 2019 10 P.KASIMANI 1/4

11 P.MARIKANNAN 12 P.MURUGESAN 13 MARI DOSS THANGAM 14 P.RAVI 15 C.SELVAKUMARI 16 B.CHITHRA ... RESPONDENTS 1O TO 16/PROPOSED PARTIES OF DECEASED 1ST RESPONDENT in CMP(MD)No.7369 of 2019 ... RESPONDENTS/PROPOSED PARTIES OF DECEASED 1st RESPONDENT in CMP(MD)Nos.7372 & 7373 of 2019 Civil Miscellaneous 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 3885 days in filing the petition to implead the legal representatives of the deceased 1st respondent.

Prayer in CMP(MD). 7372/ 2019 :

Pleased to set aside the abatement caused by the delay in filing the petition to implead the legal representatives of the deceased 1st respondent. Prayer in CMP(MD). 7373/ 2019 :

Pleased to bring on record the respondents 10 to 16 as the legal representatives of the deceased 1st respondent, as the respondents 10 to 16 to the appeal. Prayer in SA. 1379/ 2001 :

To prefer this memorandum of Second Appeal against the Judgment and Decree Dt. 02.07.2001 made in A.S. No. 185/2001 on the file of the Sub Court Aruppukottai in confirming the Judgment and Decree dated 30.08.2000 made in O.S. No. 340/1994 on the file of the District Munsif Court , Aruppukottai. ORDER : These Civil Miscellaneous Petitions coming up for orders on this day, 2/4

upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.P.KANNAN, Advocate for the Petitioners in all the Petitions and M/s.VIJAYAKUMARI NATARAJAN, Advocate for the 5th Respondent in all the Petitions and Mr.S.parthasarathy, Advocate for the Respondents 10 to 16, the Court made the following order:- Since the conditional order dated 12.07.2023 passed by this Court has not been complied with, the petition in CMP(MD)No.7369 of 2019 is dismissed. Consequently, connected CMP(MD)Nos.7372 and 7373 of 2019 are also dismissed. sd/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SKN TO THE SUBORDINATE JUDGE, ARUPPUKKOTTAI.

THE DISTRICT MUNSIF, ARUPPUKKOTTAI.

COPY TO :

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CMP(MD) Nos.7369, 7372 & 7373 of 2019 IN Date :26/07/2023 SA/MMS/SAR. /10.08.2023/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4