The Madura Talkies Pvt. Ltd., v. S. Srinivasa Varadan (Died) 2.K.R.Shyam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Second day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN CMA(MD) No.348 of 2012 1 THE MADURA TALKIES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, NO.3, SOURASHTRA MAIN GUARD SQUARE, MADURAI -1.

THE MADURA TALKIES PVT LTD.,MADURAI, REPRESENTED BY ITS MANAGING DIRECTOR, T.B.K.RAMADOSS(DIED) THE MADURA TALKIES PVT LTD.,MADURAI, REPRESENTED BY ITS MANAGING DIRECTOR, P.A.B.K.BALASUBRAMANIAN(DIED) 2 THE MADURA TALKIES PVT LTD MADURAI, REPRESENTED BY ITS MANAGING DIRECTOR, P.K.MOTHILAL 3 THE MADURA TALKIES PVT LTD MADURAI, REPRESENTED BY ITS MANAGING DIRECTOR, N.S.MOTHILAL ... PETITIONERS/APPELLANTS Vs 1 S.SRINIVASA VARADAN (DIED) ... 1st RESPONDENT S.SUKANYA(DIED) S.SATHEEMANI(DIED) 2 K.R.SHYAM 3 K.R.SURESH ... RESPONDENTS 2 & 3/RESPONDENTS 2 & 3 4 S.APRAMEYAN(DIED) ... 4th RESPONDENT 5 LAKSHMI S.VARADAN 6 S.VENKADA VARADHAN 7 S.SESHADRI VARADHAN 1/3

8 S.NARASIMHA VARADHAN ... RESPONDENTS 5 TO 8/PROPOSED RESPONDENTS 5 TO 8 LEGAL HEIRS DECEASED 1st RESPONDENT 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 2842 days in filing the petition to set aside the abatement caused due to death of the 1st respondent Srinivasa Varathan in the above civil miscellaneous appeal in C.M.A. (MD).No.348 of 2012.

PRAYER IN CMA(MD).348 of 2012:

Pleased to set aside the Decree dated 30.03.2011 passed in C.T.O.P.No.19 of 1998 on the file of the I Additional District Judge, Madurai by allowing this Civil Miscellaneous Appeal. 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.A.R.SETHUPATHY, Advocate for the petitioners, the court made the following order:- This petition is filed to condone the delay of 2842 days in filing the petition to set aside the abatement caused due to the death of the 1st respondent in the appeal.

2.Though the reasons stated in the affidavit filed in support of this petition are not satisfied, in order to give an opportunity to the parties, this Civil Miscellaneous Petition is allowed and the delay of 2842 days is condoned on condition that the petitioners / appellants shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) before the Registry to the credit of C.M.P.(MD)No.7445 of 2022, on or before 29.08.2022, failing which this petition shall stand dismissed for default automatically without further reference to this Court.

3.Post the matter on 30.08.2022 for reporting compliance. sd/- 22/08/2022 / TRUE COPY / 23/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE I ADDITIONAL DISTRICT JUDGE, MADURAI.

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COPY TO:

1 THE SUB ASSISTANT REGISTRAR A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN IN CMA(MD) No.348 of 2012 Date :22/08/2022 Myr SA/PN/SAR.2/23.08.2022/3P/5C 3/3