Madras High CourtCMP(MD)/11812/2025withdrawn dismissed

P.Thangaraj v. Ramasamy(Died) 2 . Rajendran

2025-12-15Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 15.12.2025

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.M.P.(MD)Nos.11812, 11814 and 11815 of 2025 in S.A(MD)No.1190 of 2008 P.Thangaraj : Petitioner (in all petitions) Vs.

1.Ramasamy (died) 2.Rajendran 3.Nagaraj : Respondents (in all petitions) PRAYER in C.M.P(MD)No. 11812 of 2025: Civil Miscellaneous Petition filed under Section 5 Limitation Act to condone the delay of 55 days in filing the petition for set aside the abatement caused on the death of the respondent Ramasamy in SA(MD)No.1190 of 2008. PRAYER in C.M.P(MD)No.11814 of 2025 : Civil Miscellaneous Petition filed under 22 Rule 9(2) of C.P.C., to set aside the abatement caused due to the death of the respondent Ramasamy in SA(MD)No.1190 of 2008. PRAYER in C.M.P(MD)No.11815 of 2025 : Civil Miscellaneous Petition filed under Order 22 Rule 4 of C.P.C., to bring on record the respondents 1/4

2 & 3 herein, legal representatives of the deceased respondent and rank them as respondents 2 and 3 in SA(MD)No.1190 of 2008. PRAYER in S.A (MD)No. 1190 of 2008 : Second Appeal filed under Section 100 of C.P.C., against the judgment and decree, dated 30.03.2007 passed in A.S.No.29 of 2006 on the file of the Principal District Court, Dindigul, confirming the judgment and decree, dated 07.04.2006 passed in O.S.No.147 of 2001 on the file of the Principal Subordinate Court, Dindigul.

For Petitioner : Mr.M.R.Sreenivasan, For Respondents : No Appearance.

ORDER

The above petitions have been filed (i) to condone the delay of 55 days in filing the petition to set aside the abatement caused due to the death of the respondent (ii) to set aside the abatement caused due to the death of the respondent and (iii) to bring on record the petitioners 2 and 3 legal representatives of the deceased respondent and rank them as respondents 2 and 3 in the above second appeal. 2.When the matter is taken up for hearing today (ie., 15.12.2025), the learned counsel appearing for the petitioners would 2/4

submit that he may be permitted to withdraw these petitions and he has also made an endorsement to that effect.

3.Permission is granted. These Civil Miscellaneous Petitions are dismissed as withdrawn.

15.12.2025 NCC : Yes /No Index : Yes / No Internet : Yes / No das To 1.The Principal District Court, Dindigul 2.The Principal Subordinate Court, Dindigul.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das C.M.P.(MD)Nos.11812, 11814 and 11815 of 2025 in S.A(MD)No.1190 of 2008 Dated: 15.12.2025 4/4