K.Mariappan v. K.Ganesan (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of December Two Thousand Nineteen PRESENT The Hon'ble Mr.Justice N.SATHISH KUMAR CMP(MD) Nos.7930 to 7932 of 2019 IN SA(MD) No.659 of 2011 K.MARIAPPAN ... PETITIONER/APPELLANT IN ALL THE PETIITONS Vs 1 K.GANESAN (DIED) 2 THE MADURAI CORPORATION, THROUGH ITS COMMISSIONER, THALLAKULAM, MADURAI-2.
3 UMADEVI 4 G.MURUGESAN 5 SAPITHA ... RESPONDENTS 1 TO 3/LRs OF DECEASED 1st RESPONDENT/PROPOSED RESPONDENTS 3 TO 5 IN ALL THE PETITIONS Prayer in CMP(MD)No.7930/2019 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to For the reasons stated in the accompanying affidavit it is therefore prayed that this Hon'ble Court may be pleased to Condone the delay of 772 days in filing the petition to bring on record the legal representatives of the deceased 1st Respondent in S.A.No.659 of 2011 and thus render justice.
Prayer in CMP(MD)No.7931 of 2019 :
For the reasons stated in the accompanying affidavit it is, prayed that this Hon'ble Court may be pleased to Set aside the abatement caused due to the death of the deceased 1st Respondent in S.A.No.659 of 2011 and thus render justice.
Prayer in CMP(MD)No.7932 of 2019 :
For the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to pass an order to bring on record the Respondents No.3 to 5 herein as legal representatives of the deceased 1st Respondent and rank them as Respondents NO.3 to 5 in S.A.No.659 of 2011 and thus render justice. 1/3
Prayer in SA(MD) No.659 of 2011:
Second Appeal against the Judgment and decree dated 09.04.2010 made in A.S.No.09/2007 on the file of the 3rd Additional Subordinate Court, Madurai confirming the Judgment and decree dated 08.11.2006 made in O.S.No.1329/98 on the file of the Additional District Munsif Court, Madurai.
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.PT.S.NARENDRAVASAN, Advocate for the petitioner in all the petitions and of Mr.R.MURALI, Advocate for R2 and Mr.D.NALLATHAMBI, Advocate for R3 to R5, (R1 Died), the court made the following order:- These applications are filed (i) to condone the delay of 772 days in filing the petition to bring on record the legal representatives of the deceased first respondent; (ii) to set aside the abatement caused due to the death of the first respondent; (iii) to bring the legal heirs of the first respondent on record as respondents 3 to 5.
2.The first respondent is none other than the brother of the plaintiff / petitioner herein, whereas, the affidavit indicates as if the death of the first respondent came to be known to the petitioner recently. Such fact prima facie is not believable. However, taking note of the fact that normally, the affidavit is only prepared by the learned counsel and signature is obtained from the parties. Merely because the false statement made in the affidavit, substantial right cannot be defeated, if the affidavit is drafted by the learned counsel. In order to give fair opportunity to the parties, particularly, legal heirs, to agitate their rights, the delay is condoned, subject to the payment of Rs.1500/- (Rupees Thousand Five Hundred Only) payable to Women Lawyers Association, attached to this Bench for the purpose of maintaining the Creche maintained by them. The cost shall be paid on or before 20.01.2020 3.In view of the same, these petitions are ordered. The Registry is directed to carry out the necessary amendment and post the appeal on 21.01.2020.
sd/- 20/12/2019 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE III ADDITIONAL SUBORDINATE JUDGE, MADURAI.
2. THE ADDITIONAL DISTRICT MUNSIF, MADURAI.
COPY TO:- THE OFFICER IN-CHARGE, WOMEN LAWYERS ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
(FOR THE PURPOSE OF MAINTAINING THE CRECHE) ORDER IN CMP(MD) Nos.7930 to 7932/2019 IN SA(MD) No.659 of 2011 Date :20/12/2019 MYR TE/JC/SAR-IV : 10/01/2020 : 3P/4C 3/3