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Madras High CourtCMP(MD)/2638/2018dismissed

Rajapalayam Ambalapuli Bazaar v. S Sivagurunatha Poosari

2023-08-29Honourable Mr Justice Krishnan Ramasamy9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Ninth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD). Nos.2638 to 2642 of 2018 in SA.Nos.480, 484, 485, 486 and 487 of 1995 CMP(MD). Nos.2638 of 2018 in SA.No.480 of 1995: Rajapalayam Ambalapuli Bazaar Arulmighu Gurusamy Temple Thiruppani and Kovil Nirvaga Committee by its Secretary M.R.Radhakrishna Raja ... Petitioner/Appellant Vs

1. Sivagurunatha Poosari (Died)

2. Ganesa Moopanar

3. C. Gurunamachivayam Poosari, ... Respondents/Respondents Prayer :- Civil Miscellaneous Petition filed U/s.5 of Limitation Act to condone the delay of 108 days in filing the above application to restore the second appeal in S.A.No.480 of 1995

Prayer in SA.No.480 of 1995:

Second Appeal filed Under Section 100 of Civil Procedure Code against the Judgment and Decree dated 20.10.1994 made in A.S.No.97 of 1994 on the file of the District court Srivilliputhur, confirming the Judgment and Decree dated 31.01.1994 made in O.S.No.117 of 1993 on the file of the Additional District Munsif Court, Srivilliputhur.

CMP(MD). No. 2639/ 2018 in SA.No.484 of 1995:

1. S.T.Balaramaraja ... Petitioner/Appellant No.2 - Vs. -

1. Sivagurunatha Poosari (Died) 2.C. Gurunamachivayam Poosari ... Respondent No.1/ 2nd Respondent

3. Poomari @ Mariappan ... Respondent No.2/ 1st Appellant Prayer in CMP(MD). 2639/ 2018 :

Civil Miscellaneous Petition filed U/s.5 of Limitation act to condone the delay of 108 days in filing the above application to restore the second appeal in S.A.No.484 of 1995

Prayer in S.A.No.484 of 1995 Second Appeal filed Under Section 100 of Civil Procedure Code against the Judgment and Decree dated 20.10.1994 made in A.S.No.367 of 1993 on the file of the District Court Srivilliputhur confirming the Judgment and Decree dated 30.09.1993 made in O.S.No.89 of 1989 on the file of the Subordinate Court, Srivilliputhur. CMP(MD). 2640/ 2018 in SA.No.485 of 1995

1. Rajapalayam Ambalapuli Bazaar Arulmighu Gurusamy Temple, Thiruppani and Temple Executive Committee, Rep., by its Secretary M.R.Radhakrishna Raja

2. Jeganatha Raja

3. M.R.Radhakrishna Raja ... Petitioners/Appellant No.1,3 and 9 - Vs. -

1. S Sivagurunatha Poosari

2. S.Natarajan Poosari

3. S.Valaguru Poosari

4. R.Sivagnanam Poosari

5. R.Sivaguru Poosari

6. P.Sivaguru Poosari

...Respondents No.1 to 6/

Respondents No.1 to 6

7. A.Gurusamy

8. M.S.Ramasamy Raja

9. P.B.Arumugham

10. Subramania Raja

11. C.M.Mariappan

12. K.Gurusamy

13. M.P.Rammohan Raja ... Respondents No.7 to 13/ Appellants No.2, 4 to 8 and 10 Prayer :

Civil Miscellaneous Petition filed U/s.5 of Limitation act to condone the delay of 108 days in filing the above application to restore the second appeal in S.A.No.485 of 1995 Prayer in S.A.No.485 of 1995 Second Appeal filed Under Section 100 of Civil Procedure Code against the Judgment and Decree dated 20.10.1994 made in A.S.No.368 of 1993 on the file of the District Court Srivilliputhur, confirming the Judgment and Decree dated 30.09.1993 made in O.S.No.41 of 1991 on the file of the Sub ordinate Court, Srivilliputhur. CMP(MD). 2641/ 2018 in SA.486 of 1995

1. Rajapalayam Ambalapuli Bazaar Arulmighu Gurusamy Kovil Tirupani committee by its President M.R.Radhakrishna Raja ... Petitioner/Appellant No.2 - Vs. -

1. Sivagurunatha Poosari (Died) 2.C. Gurunamachivayam Poosari ... 2nd Respondent/2nd Respondent

3. Poomari @ Mariappan ... 3rd Respondent/1st Appellant

Prayer in CMP(MD). 2641/ 2018 :

Civil Miscellaneous Petition filed U/s.5 of Limitation Act to condone the dealy of 108 days in filing the above application to restore the second appeal in S.A.No.486/1995 Prayer in S.A.No.486/1995 Second Appeal filed Under Section 100 of Civil Procedure Code against the Judgment and Decree dated 20.10.1994 made in A.S.No.369 of 1993 on the file of the District Court Srivilliputhur, confirming the Judgment and Decree dated 30.09.1993 made in O.S.No.25 of 1993 on the file of the Subordinate Court, Srivilliputhur. CMP(MD). 2642/ 2018 in SA.No.487 of 1995

1. Rajapalayam Ambalapuli Bazaar Arulmighu Gurusamy Kovil Thirupani and Temple Executive Committee, Rep. by its Secretary, M.R.Radhakrishna Raja ... Petitioner/Appellant - Vs. -

1. S Sivagurunathan Poosari

2. S.Natarajan Poosari

3. S.Valaguru Poosari

4. R.Sivagnanam Poosari

5. R.Sivaguru Poosari

6. B.Sivaguru Poosari

7. V.Gnanaguru Poosari

8. K.Gnanaguru Poosari

9. S.S.Dhanushkoti Raja

10. E.K.Gopal Raja

11. S.A.Seetharama Raja

12. K.Ganesan Moopanar ... Respondents/Respondents Prayer:

Civil Miscellaneous Petition filed U/s.5 of Limitation Act to condone the delay of 108 days in filing the above application to restore the second appeal in S.A.No.487 of 1995 Prayer in S.A.No.487 of 1995 Second Appeal filed Under Section 100 of Civil Procedure Code against the Judgment and Decree dated 20.10.1994 made in A.S.No.370 of 1993 on the file of the District Court Srivilliputhur, confirming the Judgment and Decree dated 30.09.1993 made in O.S.No.486 of 1993 on the file of the Subordinate Court, Srivilliputhur. ORDER:- These Civil Miscellaneous Petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.P.Senthil, Advocate for the Petitioners in all the Petitions, Mr.M.Thirunavukkarasu, Advocate for the Respondent No.3 in CMP (MD).Nos.2638 of 2018 & 2640 of 2018 and 2642 of 2018 and for the Respondent No.2 in CMP(MD).Nos.2639 of 2018 & 2641 of 2018, this Court made the following order:

When these applications were taken up for hearing on 22.08.2023, this Court passed the following order.

"The learned counsel for the respondents would submit that some of the respondents in the appeals have passed away and he has also filed a Memo dated 20.07.20223 to that effect. He would further submit that the deceased respondents were Poosaries in their personal capacities and therefore, there is no necessity to implead their LRs. However, steps have to be taken to substitute the present Poosaries.

2. Though Memo was filed on 20.07.2023, till date no steps were taken by the petitioner counsel.

3. The appeals are of the year 1995. This Court is inclined to give one more chance to the petitioner to take steps in this regard. It is made clear that if no steps are taken by next hearing, these petitions will be dismissed with costs for unnecessarily dragging on the proceedings."

2. When the matter is taken up for hearing today, the learned counsel for the petitioner sought further time for taking steps. In the above order, it has been

clearly stated that the petitions will be dismissed with costs if steps are not taken. Therefore, all the present petitions are dismissed with cost of Rs.1,000/- (Rupees one thousand only).

Sd/- Assistant Registrar(AS) // True Copy // /11/2023 Sub Assistant Registrar(CS) TO

1. The Principal District Judge, Virudhunagar at Srivilliputhur.

2. The Subordinate Judge, Srivilliputhur

3. The Additional District Munsif, Srivilliputhur Copy to:

1) The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

2) The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED : 29/08/2023 ==========================

ORDER

========================== CMP(MD). Nos.2638 to 2642 of 2018 in SA.Nos.480, 484, 485, 486 and 487 of 1995 Giving direction and etc.

as stated within.

MGJ(07.11.2023) 9P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023