Madras High CourtCMP(MD)/428/2018ordered

Anthonysamy @ Kanna, v. Thangasamy (Died)

2023-08-08Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Eighth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD). No.428 of 2018 in S.A(MD)No.844 of 2014 Mr. Anthonysamy alias Kanna ... Petitioner/Appellant Vs

1. Mr. Thangasamy, (deceased)

2. T. Kanipushpam,

3. T. Selvaraj

4. T. Dhanraj,

5. T. Amirdharaj,

6. T. Gnanaraj,

7. B. Gajalakshmi,

8. S. Sivagamasundari ... Respondents/Respondents Prayer :- This Miscellaneous Petition filed under order 22 Rule 9(2) of CPC., pleased to set-aside the abatement of the Second Appeal due because of the death of the deceased Respondent Mr. Thangasamy and thus render justice.

Prayer in S.A(MD)No.844/2014:- This Petition filed under section 100 of the Code of the Civil Procedure against the Judgment and Decree, datd 17.03.2014 in A.S.No.1 of 2014 on the file of the Principal Subordinate Court, Dindigul, confirming the Judgment and Decree, dated 25.10.2013 made in O.S.No.608 of 2009 on the file of the Additional District Munsif, Dindigul.

ORDER:- This Miscellaneous Petition 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. Karthikeyavenkitachalapathy, Advocate for the Petitioner and of M/s. Sarvabhauman Associates, Advocate for the 3rd to 6th respondents, this Court made the following order:

"Since the conditional order dated 22.06.2023 passed by this Court has not been complied with, the petition in CMP(MD)No.427 of 2018 is dismissed. Consequently, connected CMP(MD)Nos.428 and 429 of 2018 are also dismissed." Sd/- Assistant Registrar(CS III) // True Copy // /10/2023 Sub Assistant Registrar(CS) TO

For C.D. Purpose:- + 1.c.c. To M/s. Sarvabhauman Associates, Advocate (SR.No.11598) ORDER DATED : 08/08/2023 ========================== FOR CD PURPOSE ========================== CMP(MD). No.428 of 2018 in S.A(MD)No.844 of 2014 Giving direction and etc.

as stated within.

MGJ(11.10.2023) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023