Madras High CourtCMP(MD)/3769/2016dismissed

N. Murugan v. P. Saradhambal (Died)

2023-07-06Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Sixth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN in SA(MD)No.333 of 2004 N. Murugan ... Petitioner/Appellant Vs 1 P. Saradhambal (Died) 2 The State of Tamilnadu Through its Collector Virudhunagar Kumarasamy Raja Compound , Virudhunagar District ... 1st & 2nd Respondents/ Respondents 3 Muniyaraj ...Proposed 3rd Respondent/Respondent Prayer in CMP(MD). 3769/ 2016 :- This civil Miscellaneous Petition filed under section of the Limitation Act, to pass an order condoning the delay of 1122 days in filing the application to set aside the abatement caused due to the death of the first respondent, P.Saradhambal and thus render justice.

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Prayer in CMP(MD). 3770/ 2016 :

This civil Miscellaneous Petition filed under order 22 Rule 9 of Civil Procedure Code to pass an order of setting aside the abatement caused due to the death of the first respondent, P.Saradhambal and thus render justice. Prayer in CMP(MD). 3771/ 2016 :

This civil Miscellaneous Petition filed under order 22 Rule 9 of Civil Procedure Code to implead the proposed 3rd respondent as the legal representatives of the deceased first respondent, P.Saradhambal as a party in the above SA(MD) No.333 of 2004.

Prayer in SA(MD). 333/ 2004 :

This Memorandum of Grounds of Second Appeal filed under section 100 of Civil Procedure Code to prefer the Grounds of Second Appeal as against the Judgment and Decree dated 27/08/2004 in A.S.No.14/2004 on the file of the Subordinate Judge, sivakasi, whereby confirming the Judgement and Decree dated 16/02/2004 in O.S.No.232 of 1996 on the file of the District Munsif, Sivakasi. 2/4

ORDER:- This Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and non appeared for the Petitioner and Respondent has either in person (or)by on Advocate, this Court made the following order:

No representation for the petitioner.

2.This Court by order dated 20.06.2023 has allowed the condone delay petition in C.M.P(MD)No.3769 of 2016 with a cost of Rs.10,000/-. Conditional order of this Court dated 20.06.2023 has not been complied with. Therefore, C.M.P(MD)No.3769 of 2016 is dismissed. Consequently, connected C.M.P(MD)Nos.3770 & 3771 of 2016 are also dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // /07/2023 Sub Assistant Registrar(CS) TO

1. THE SUBORDINATE JUDGE, SIVAKASI,VIRUTHUNAGER DISTRICT. 3/4

2. THE DISTRICT MUNSIF, SIVAKASI,VIRUTHUNAGER DISTRICT COPY TO:

1. THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SECTION OFFICER, VERNACULAR SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 COPIES) ORDER DATED : 06/07/2023 ==========================

ORDER

========================== CMP(MD). No.3769 to 3771 of 2016 IN SA(MD) .NO 333 of 2004 RD(28/07/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4