T.Kosalai (Died), v. Azhagappa Pillai,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN AS No.458 of 2003 1 T.KOSALAI (DIED) 2 VELUPILLAI ... PETITIONERS/APPELLANTS Vs 1 AZHAGAPPA PILLAI 2 T.NAGALAKSHMI 3 P.CHELLAMMAL 4 P.KUMARASWAMY (DIED) 5 P.N.RADHIKA (DIED) 6 P.USHA 7 V.CHELLAM PILLAI 8 SHANTHA 9 AGASTHILINGAM PILLAI (DIED) 10 V.SIVARAJ 11 S.JAYAKUMAR 12 PADMA 13 THANUMOORTHY 14 ANANDHALAKSHMI 15 PRABHAKAR 16 VIGNESH 1/3

17 C.PERUMAL PILLAI 18 VARADHALAKSHMI 19 CHELLAMMAL 20 T.MEENAKSHI 21 T.SAROJINI 22 T.KAMALA BAI 23 K.SENTHI KUMAR PILLAI .... RESPONDENTS/RESPONDENTS 24 MURUGAPPAN 25 NATARAJA ... PROPOSED RESPONDENTS 24 & 25/ LRs OF DECEASED 5th 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 2338 days in filing the petition to set aside the abatement caused due to the death of the 5th respondent. PRAYER IN AS.No.458 of 2003:

To prefer this Memorandum of Grounds of Regular Appeal against the judgment and decree dated 21.04.2003 and made in OS.No.265 of 1998 on the file of II Additional Subordinate Judge, Nagercoil. 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.P.THIAGARAJAN, Advocate for the petitioners, the court made the following order:- This petition has been filed to condone the delay of 2338 days in filing the petition to set aside the abatement caused due to the death of the 5th respondent. The proposed respondents 24 & 25 are the legal representatives of the deceased 5th respondent.

2. Though notice was served on the respondents 24 & 25 and their names were also printed in the cause list, none appears for them. There is no objection regarding the relationship and the status of the legal representatives. Since the steps have not been taken within the stipulated time, the appeal got abated as against the 5th respondent. Abatement set aside petition has not filed within 60 days from the date of abatement. Therefore, this petition has been filed to condone the delay of 2338 days in filing the petition to set aside the abatement.

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3.Though the reasons stated in the affidavit filed in support of the Petition are not satisfied, however, in order to give an opportunity to the Petitioners, this Petition is allowed on condition that the Petitioners shall pay a sum of Rs.5,000/-towards costs before the Registry to the credit of the C.M.P(MD)No.12062 of 2018 on or before 30.06.2022 and on deposit of the same, the applications shall stand allowed and failing which, the Petition shall stand automatically dismissed without further reference to this Court.

4.List the matter on 01.07.2022, for further hearing. sd/- 15/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL.

ORDER

IN IN AS No.458 of 2003 Date :15/06/2022 SA/VR/SAR.3/16.06.2022/3P/2C 3/3