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Madras High CourtCMP(MD)/3830/2016dismissed

Arulsamy v. Alagamalai Thevar

2022-04-22Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.3830 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.3830 of 2016 IN SA(MD) No.55 of 2006 ARULSAMY ... PETITIONER/APPELLANT Vs 1 ALAGAMALAI THEVAR 2 ALAGAMMAL (DIED) ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to direct the respondent counsel to produce that death certificate and Legal heir certificate of the deceased Alagammal 2nd respondent herein for take steps.

PRAYER IN SA(MD) No.55 of 2006:

To set aside the decree and Judgement of the 1st Additional Sub Court, Madurai in A.S.No.7 of 2002 dated 09.11.2004 reversing the decree and Judgement dated 19.09.2001 in O.S.No.135/1995 on the file of District Munsif Court, Thirumangalam.

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.J.GUNASEELAN MUTHIAH, Advocate for the petitioner, the court made the following order:- This petition is filed to furnish the death certificate of the deceased sole respondent. Since the sole respondent is already dead, the learned counsel for the deceased respondent cannot represent the sole respondent.

2.In the above circumstances, the prayer in this petition cannot be fulfilled. Hence this petition is dismissed. sd/- 22/04/2022 / TRUE COPY / 26/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3830 of 2016 TO 1 THE I ADDITIONAL SUBORDINATE JUDGE, MADURAI.

2 THE DISTRICT MUNSIF, THIRUMANGALAM.

ORDER

IN CMP(MD) No.3830 of 2016 IN SA(MD) No.55 of 2006 Date :22/04/2022 RS/PN/SAR.4 (26.04.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2