Madras High CourtCMP(MD)/9912/2021allowed with costs

Karupanan v. K.N.Muthusamy (Died),K.Arumugam,

2022-04-01Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.9912 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.9912 of 2021 IN SA(MD)No. 634 of 2006 KARUPANAN ... PETITIONER/APPELLANT Vs 1 K.N.MUTHUSAMY (DIED), 2 M.MARIAPPAN (DIED) 3 M.MOHAN (DIED) 4 K.ARUMUGAM ...RESPONDENTS/RESPONDENTS 5 S.MUTHUSAMY GOUNDER, 6 M.MARAYEE AMMAL, 7 M.SELVANAYAGI, 8 M.GURUPRASATH, 9 M.GUNAVATHI, ...RESPONDENTS 5 TO 9/ PROPOSED RESPONDETS 5 TO 9 10 M.VASUKI, 11 M.KAVINKUMAR, ...RESPONDENTS 10 & 11/ PROPOSED RESPONDENTS 10 & 11 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 2730 days in filing the above applications to set aside the abatement caused due to the death of the deceased 3rd respondent viz, M.Mohan in the above second appeal. PRAYER IN SA(MD)No.634 of 2006:

To allow the Second Appeal, set aside the Judgment and Decree passed by the Learned District Judge, Karur, dated 19.09.2005 made in A.S.No. 3 of 2005 confirming the Judgment and Decree passed by the Learned Additional District Munsif, Karur dated 25.06.2004 made in O.S.No. 794 of 2000.

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CMP(MD) No.9912 of 2021 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 Mr.G.VENUGOPAL, Advocate for the petitioner,the court made the following order:- On the side of the petitioner, it is stated that the death of R3 was not known to the petitioner and there is a delay of 2730 days and prayed the same to be condoned.

Reasons stated are not satisfactory, but, an opportunity for the petitioner to putforth his case is to be given in the interest of Justice.

Hence, this petition is allowed on payment of Rs.2500/- to the Siddha Hospital attached to this court on or before 13.04.2022. Call on 20.04.2022 "for reporting compliance" sd/- 01/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT JUDGE, KARUR.

2 THE ADDITIONAL DISTRICT MUNSIF, KARUR.

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

ORDER

IN CMP(MD) No.9912 of 2021 IN SA(MD)No. 634 of 2006 Date :01/04/2022 ls PKP/JM/SAR-4/04.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2