Ayyaru Chettiyar (Died) v. V. Balaiya Thevar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of August Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice J.NISHA BANU IN SA(MD) No.399 of 2012 AYYARU CHETTIYAR (DIED) 1 A.PAPPAMMAL 2 SUNDARAMBAL 3 VALARMATHI 4 A.SWAMINATHAN 5 A.VENKATACHALAM ... PETITIONERS/APPELLANTS Vs 1 V.BALAIYA THEVAR (DIED) ... 1st RESPONDENT/1st RESPONDENT 2 S.DAKSHINAMOORTHY 3 RAJENDRAN 4 UMA MAHESWARI 5 PANDARI BABU 6 MINOR KUMARAN (REPRESENTED BY MOTHER UMA MAHESWARI) 7 THANGAVEL @ VENKADUSAMY CHETTIYAR 8 CHOCKALINGAM 9 INDIRA 10 SWAMINATHAN 11 NADIMUTHU 12 GANESAN 13 KODHAI 14 THE ASSISTANT ELECTRICAL ENGINEER, TNEB (OPERATION AND MAINTENANCE), THUVARANKURICHI VILLAGE, PATTUKOTTAI TOWN, THANJAVUR DISTRICT.
15 THE DIVISIONAL ELECTRICAL ENGINEER, TNEB (OPERATION AND MAINTENANCE), PATTUKOTTAI TALUK, THANJAVUR DISTRICT.
... RESPONDENTS/ RESPONDENTS 1/3
16 SAROJA 17 SENTHIL KUMAR 18 SASI KUMAR ... RESPONDENTS 16 & 18/ PROPOSED RESPONDENTS 16 & 18/LRs OF R1 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the delay of 1607 days in filing the set aside the abatement Petition caused due to the death of the 1st Respondent and bring the LR Petition.
PRAYER IN SA(MD) No.399 of 2012:
To prefer this Memorandum of grounds of second appeal against the judgment and decree passed in A.S.No.39/06 dated 21.07.07 on the file of the Principal District Court, Thanjavur reversing the judgment and decree passed in O.S.No.60/00 dated 05.09.05 on the file of the Sub-Court, Pattukottai.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.SIVABALAN, Advocate for the petitioners and of the Respondents 16 to 18 not appearing for either in person or by an Advocate, the court made the following order:- Heard.
This petition has been filed by the petitioners seeking to condone the delay of 1607 days in filing a petition to set aside the abatement caused due to the death of the 1st respondent in the above Second Appeal.
2.Despite notice being served on the respondents 16 to 18 and their names are being printed in the cause list, there is no representation on behalf of them either in person or through counsel.
3.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment 2/3
of cost of Rs.2,000/- (Rupees two thousand only) to the Legal Services Committee, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.
4.This petition is accordingly ordered.
sd/- 19/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/ litigant concerned.
TO 1 THE PRINCIPAL DISTRICT JUDGE, THANJAVUR.
2 THE SUBORDINATE JUDGE, PATTUKOTTAI.
COPY TO:
THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN SA(MD) No.399 of 2012 Date :19/08/2020 smn JM/AKM/SAR 3/25.08.2020/3P/4C 3/3