Madras High CourtCMP(MD)/12170/2016allowed with costs

K.Ajay Kumar Gosh v. K.Murugan Asari

2022-04-04Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.12170 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.12170 of 2016 IN SA(MD) No.856 of 2005 K.AJAY KUMAR GOSH ... PETITIONER/APPELLANT Vs 1 K.MURUGAN ASARI 2 T.VELLAPPAN (DIED) 3 V.JEEVANANTHAM 4 D.SUBBIAH ASARI (DIED) 5 PARVATHI 6 V.KATHIRESAN ... 1 TO 6 RESPONDENTS/RESPONDENTS 7 V.BAANU 8 V.SARANYA 9 V.THAARANI ... 7 TO 9 RESPONDENTS/ LRS OF DECEASED 2ND RESPONDENT 10 S.RADHA 11 S.KANNAN 12 S.NAGARAJAN 13 S.RAJESH 14 S.JEYALAKSHMI ... 10 TO 14 RESPONDENTS/ LRS OF DECEASED 4TH RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 3559 days in filing the application to set aside the abatement in appeal S.A.(MD).No.856/2005 on account of the death of the 4th respondent.

PRAYER IN SA(MD) No.856 of 2005:

To pass an order setting aside the Judgments and Decree in A.S.No.158 of 2004 on the file of the Principal Sub-Judge, Nagercoil, dated 13.12.2004 confirming the Judgment and Decree in O.S.No.500 of 1997 on the file of the II Additional District Munsif Court, Nagercoil, dated 12.03.2004.

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.S.MEENAKSHI SUNDARAM, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.12170 of 2016 On the side of the appellant, it is stated that the appellant is not aware of the death of the fourth respondent and could not take steps for the fourth respondent within the time limit and there is a delay of 3559 days in filing an application to set aside the abatement on the ground of the death of the fourth respondent. The delay is almost ten years.

2. The reasons stated for the delay of 3559 days, are not satisfactory. But the legal representatives of the fourth respondent are necessary to be impleaded in the appeal. Hence the delay is condoned on condition of payment of Rs.3,500/- (Rupees Three Thousand and Five Hundred only) to the Siddha unit attached to this Bench, payable on or before 12.04.2022.

3.Call on 20.04.2022.

sd/- 04/04/2022 / TRUE COPY / 13/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, NAGERCOIL.

2 THE II ADDITIONAL DISTRICT MUNSIF, NAGERCOIL.

COPY TO THE OFFICER INCHARGE, SIDDHA WING, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.12170 of 2016 IN SA(MD) No.856 of 2005 Date :04/04/2022 RS/PN/SAR.1 (13.04.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2