Madras High CourtCMP(MD)/10537/2024allowed with costs

Muniyasamy v. Jayaraman

2025-04-24Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-04-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI CMP(MD) NOS. 10537, 10539 & 10541 of 2024 IN MUNIYASAMY S/o Late. Karuthapandian alias S.K. Pandian Kalkinatruvalasai village, Keelanagachi Ramanathapuram Taluk and presently residing at Door No. 85/1, East Middle Street Thirupparankundram, Madurai - 5. Through his Power Agents

1) Rajangam S/o Sethukaraithevar Aakidavalasi village, Keelamankundu Post, Uchipuli via, Ramanathapuram taluk Ramanathapuram District 2) Nagalingam S/o Late. Muniyandithevar Mankundu Thoppu valasai village Uchipuli via, Ramanathapuram taluk Ramanathapuram District Petitioner(s) Vs JAYARAMAN S/o Karuthapandian Door No. 85/2, East Middle Street Thirupparankundram, Madurai - 5. Madurai District. and 11 Others Respondent(s) For Petitioner(s):

Mr.K.R.Laxman For Respondent(s):

Mr.C.Jeyaprakash for R7 to R9 No Appearance for R1, R3 to R6, R10 to R12 1/3

COMMON ORDER These Civil Miscellaneous Petitions have been filed to condone the delay of 2269 days in filing the petition to set aside the abatement caused due to the death of the 2nd respondent, to set aside the abatement caused due to the death of the 2nd respondent and to bring on record proposed respondent Nos.10 to 12 as the legal representatives of the deceased 2nd respondent and rank them as respondent Nos.10 to 12 in the Appeal Suit in A.S.(MD)No.93 of 2022 on the file of this Court.

2. Heard the learned counsel for the petitioner and the learned counsel for respondent Nos.7 to 9, and I have perused the common affidavit filed in support of these petitions.

3. The names of respondent Nos.1, 3 to 6, 10 to 12 have been printed in the cause list.

4. The learned counsel for respondent Nos.7 to 9 submits that these petitions may be allowed by imposing cost as against the petitioner.

5. Being satisfied with the reasons stated in the affidavit, and considering the submission made by the learned counsel for respondent Nos.7 to 9, and also considering the duration of delay, this Court is inclined to allow these petitions, but on terms. Accordingly, these Civil Miscellaneous Petitions are allowed on payment 2/3

of cost of Rs.3,000/- (Rupees Three Thousand only) by the petitioner directly to respondent Nos.7 to 9 on or before 09.06.2025.

6. List these matters under the caption "for reporting compliance" on 10.06.2025.

sd/- 24/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO THE PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM.

ORDER

IN CMP(MD) NOS. 10537, 10539 & 10541 of 2024 IN Date :24/04/2025 MK/SAR /16.05.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3