Madras High CourtCMP(MD)/8551/2022allowed

Saraswathi v. Thangaraj Nadar 2.Selvaraj

2022-10-18Honourable Mr Justice N. Seshasayee6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice N.SESHASAYEE AND 8558 TO 8560 of 2022 IN SA(MD).No.427 of 2006 1 SARASWATHI 2 PRATHAP 3 MAGESH 4 DHINESH 5 RAMA ... PETITIONERS/APPELLANTS IN ALL THE PETITIONS Vs 1 THANGARAJ NADAR (DIED) ... 1st RESPONDENT 2 SELVARJ JOHNSON (DIED) 3 SUSHILA 4 SUBBAIYAN 5 RENGANATHAN ... RESPONDENTS 2 TO 5/RESPONDENTS 2 TO 5 1/6

6 RAMAYAN(DIED) ... 6th RESPONDENT 7 RAJAIYAN GABRIEL (DIED) 8 SELVAMANI(DIED) 9 CHELLADURAI PUSHBAM (DIED) 10.MOHANAN 11 GEETHA 12 KALI PRASATH 13 SOMASUNDARAM 14 SUNDARARAJ 15 VIJAYAKUMARI 16 RENGABAI 17 SUNDARLAL 18 VASANTHAKUMARI 19 CHANDRAMOHAN 20 THANGABAI 21 VASANTHA KUMARI 22 RAJAN 23 KAMALAM 24 GOMATHY 25 JOHNSON 2/6

26 VIJAYA KUMAR ... RESPONDENTS 7 TO 26/RESPONDENTS 7 TO 26 27 RAVINDRAKUMAR(DIED) ... 27th RESPONDENT 28 BALAMMAL 29 MOHANA KUMAR 30 SUNDARAJ 31 R.CHELLAMMA 32 R.SUKUMARAN 33 R.SASI 34 R.DESON 35 SAREENA 36 MINOR.POOJA 37 MINOR.SUNITHA 38 SANTHANAM (MINOR RESPONDENTS 36 AND 37 REPRESENTED BY THEIR MOTHER AND NEXT FRIEND 35th RESPONDENT) ... RESPONDENTS 28 TO 38/ RESPONDENTS 28 TO 38 3/6

39 CHANDRAMATHI BAI 40 EZHIL RAJ 41 ABEAL RAJ ... RESPONDENTS 39 TO 41/ PROPOSED RESPONDENTS/L.RS OF 1st RESPONDENT 42 P.S.RAJ 43 P.S.SIVARAJA 44 P.S.JAMES RAJ 45 VIMALABAI 46 RANI 47 SELVAKUMARI 48 A.ALPHONSE 49 P.ALFINRAJ 50 P.PUNITHA ... RESPONDENTS 42 TO 50/ PROPOSED RESPODNENTS/LRS OF 8th RESPONDENT Prayer in CMP(MD). 8551/ 2022 :

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 9 days in filing the petition to set aside the abatement caused due to the death of the 1st respondent in the above S.A.(MD).No.427 of 2006.

Prayer in CMP(MD). 8552/ 2022 in SA(MD).427/2006: To set aside the abatement caused due to the death of the 1st respondent in the above S.A.(MD).No.427 of 2006 and thus render justice.

Prayer in CMP(MD). 8555/ 2022 in SA(MD).427/2006: To bring the respondents 39 to 41 in the above civil miscellaneous petition on record as the legal representatives of the 4/6

deceased 1st respondent and rank them as respondents 39 to 41 in the above S.A.(MD).No.427 of 2006 and thus render justice. Prayer in CMP(MD). 8558/ 2022 in SA(MD).427/2006: To condone the delay of 420 days in filing the petition to set aside the abatement caused due to the death of the 8th respondent in the above S.A.(MD).No.427 of 2006 and thus render justice.

Prayer in CMP(MD). 8559/ 2022 in SA(MD).427/2006: To set aside the abatement caused due to the death of the 8th respondent in the above S.A.(MD).No.427 of 2006 and thus render justice.

Prayer in CMP(MD). 8560/ 2022 in SA(MD).427/2006: To bring the respondents 42 to 50 in the above civil miscellaneous petition on record as the legal representatives of the deceased 8th respondent and rank them as respondents 42 to 50 in the above S.A.(MD).No.427 of 2006 and thus render justice. PRAYER IN SA(MD).427/2006:

Pleased to prefer the Memorandum of grounds of Second Appeal against the Judgment and Decree dated 17.02.2006 made in A.S.No.80 of 2002 on the file of the Subordinate Judge's Court, Kuzhithurai confirming the Judgment and Decree dated 06.02.1997 made in O.S.No.373 of 1979 on the file of the II Additional District Munsif Court, Kuzhithurai.

COMMON ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.P.THIYAGARAJAN, Advocate for the petitioners in all the Petitions and of M/s.J.ANANDHAVALLI, Advocate on behalf of the Respondents No.39 to 41 and Mr.VAMANAN, Advocate for the Respondents No.42 to 50, the court made the following order:- The petitions are filed to condone the delay of 420 in filing the petition to set aside the abatement caused due to the death of R8, to set aside the abatement and to bring on record the legal representatives of deceased R8 and to condone the delay of 9 days in filing the petition to set aside the abatement caused due to the death of R1, to set aside the abatement and to bring on record the legal representatives of deceased R1.

2.Ms.Aanandhavalli, learned counsel offered to enter appearance for legal heirs of R1 whereas Mr.Vamanan, learned counsel offered to enter appearance for legal heirs of R8.

3.C.M.P(MD)Nos.8551,8552 and 8555 are allowed. The Registry is directed to carry out the necessary amendment. 5/6

4. Considering the delay of 420 days in filing the petitions, the petitions in C.M.P(MD)Nos.8558 to 8560 of 2022 are allowed on condition that the petitioners pay a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of A/C. No.6477041768 IFSC Code: IDIB000H040 the Children's Home run in Madurai Bench of Madras High Court on or before 31.10.2022.

5. Post on 03.11.2022.

sd/- 18/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, KUZHITHURAI.

2 THE II ADDITIONAL DISTRICT MUNSIF, KUZHITHURAI.

COPY TO:

THE OFFICER INCHARGE, CHILDREN'S HOME RUN, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN AND 8558 TO 8560 of 2022 IN SA(MD).No.427 of 2006 Date :18/10/2022 cm SA/VR/SAR. /27.10.2022/6P/4C 6/6