Madras High CourtCMP(MD)/11829/2018allowed on condition

R.M.Palaniappan, v. Umayal Achi (Died)

2023-06-20Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.11829 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Tenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.11829 to 11831 of 2018 IN SA(MD) No.247 of 2006 R.M.PALANIAPPAN, ... PETITIONER/APPELLANT IN ALL CMP'S Vs 1 UMAYAL ACHI (DIED) 2 CHIDAMBARAM (DIED) ... RESPONDENTS No.1 & 2/RESPONDENTS No.1 & 2 IN ALL CMP'S 3 C.T.INDIRA 4 C.T.NARAYANAN, 5 C.T.UMA, 6 C.T.SUBRAMANIAN, ... PROPOSED RESPONDENTS No.3 TO 6/ LEGAL HEIR OF DECEASED AND 2nd APPELLANT IN ALL CMP'S PRAYER IN CMP(MD).11829/2018 :

To condone the delay of 1149 days in filing the petition to set aside the abatement of the S.A.(MD) No.247 of 2006 due to death of Chithambaram on 03.05.2015.

Prayer in CMP(MD). 11830/ 2018 :

To pass suitable orders to set aside of the abatement caused due to the death of the 2nd respondent namely Chithambaram died on 03.05.2015.

Prayer in CMP(MD). 11831/ 2018 :

To bring on record the Proposed respondents 3 to 6 as legal representatives of the 2nd respondent herein in the above S.A(MD) No.247 of 2006 as respondents 3 to 6.

PRAYER in SA(MD) No.247 of 2006:

Pleased to set aside the Judgment and decree dated 21.12.2005 made in A.S.No.417 of 2004 passed by the Learned Principal SubJudge, Dindigul reversing the judgment and Decree dated 19.04.2000 in O.S.No.697 of 1998 passed by the learned Principal District Munsif Court, Dindigul and allow the second appeal. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.11829 of 2018 ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.ANTONY ARUL RAJ, Advocate for the petitioner in all CMP's, the Court made the following order:- Order of this court dated 20.06.2023 has not been complied with. Hence, CMP(MD)No.11829/2018 is dismissed. Consequently, CMP (MD)Nos.11830 & 11831/2018 are dismissed.

sd/- 10/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL.

THE PRINCIPAL DISTRICT MUNSIF, DINDIGUL.

+1 CC TO MR.T.ANTONY ARUL RAJ, ADVOCATE, SR-33325[F] DATED 10.07.2023

ORDER

IN CMP(MD) Nos.11829 to 11831 of 2018 IN SA(MD) No.247 of 2006 Date :10/07/2023 RS/RL/SAR-(10.07.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2