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Madras High CourtCMP(MD)/12053/2024ordered

S.Sasikala v. Minor Namrutha

2024-09-26Honourable Mr Justice S.S. Sundar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Sixth day of September Two Thousand and Twenty Four PRESENT THE HONOURABLE MR. JUSTICE S.S.SUNDAR CMP(MD) No.12053 of 2024 CMP(MD) No.12056 of 2024 CMP(MD) No.12058 of 2024 in REV.APLC(MD) No.63 of 2024 S.Sasikala W/o.Subramani Jegathabi Village, Karur.

... Petitioner/Appellant in All Petitions Vs

1. Minor Namrutha Represented by Her Mother Guardian B.Amutha, No.462/3, Narikattiyur S.Vellalapatti Post, Karur Taluk, Karur District.

2.P.V.Manoharan, S/o.Velusamy, Mookanankurichi Village, Karur Taluk,

3. Velusamy (Died) 1/5

4. N.Mahalingam, S/o.Natarajan A.Arugampalayam, Achimangalam Village, Karur Taluk,

5. K.Dharmalingam, S/o.Karumana Gounder, Kodangipatti, Achimangalam Village, Karur Taluk, 6.Nallusamy (Died) 7.Kanagasundaram S/o.Velusamy, Valakattupudur Mookanankurichi Village, Karur Taluk,

8. Saravanan, S/o.Velusamy, Valakattupudur Mookanankurichi Village, Karur Taluk,

9. Perumal, S/o.Rasa Gounder, Mookanankurichi Village, Karur Taluk, 2/5

10.Selambana Gounder, S/o.Nalliyana Gounder, Mookanankurichi Village, Karur Taluk, 11.P.Meenakshi, W/o.Late Velusamy, Mookanankurichi Village, Karur Taluk, ... Respondents/Respondents in All Petitions Prayer in CMP(MD). No.12053/ 2024 :

This Miscellaneous Petition filed under Section 5 of Limitation Act, to Condone the delay of 568 days in filling the application to set aside the abatement caused due to the death of the 3rd Respondent in Rev.Aplc.(MD) No.63 of 2024 and thus render justice.

Prayer in CMP(MD). No.12056/ 2024 :

This Miscellaneous Petition filed under Order 22 Rule 9(2) and Section 151 of Code of Civil Procedure, to set aside the abatement caused due to the death of the third Respondent in Rev.Aplc.(MD) No.63 of 2024 and thus render justice. Prayer in CMP(MD). No.12058/ 2024 :

This Miscellaneous Petition filed under Order 22 Rule 4 and Section 151 of the Code of Civil Procedure, to bring on record the 11th respondent herein as Legal heirs of the deceased 3rd respondent and rank her as 3rd respondent in Rev.Aplc.(MD) No.63 of 2024 and thus render justice. 3/5

ORDER : These Miscellaneous Petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.R.Mathava Selvam, Advocate for the Petitioner and of Thiru.Raguvanan Gopalan, Advocate for first respondent, Mr.Karthick Ramkumar, Advocate for Mr.K.Suresh for eleventh respondent and Mr.Sam Jayaraj Houston, Advocate for second respondent, this Court made the following order:- These petitions are filed to condone the delay of 568 days in filing the application to set aside the abatement caused due to the death of the 3rd respondent in the above Review Application; to set aside the abatement; and to bring on record the 11th respondent as legal heir of the deceased 3rd respondent in the above Review Application.

2.These applications are not opposed by anyone. Having regard to the facts admitted, these applications are ordered.

Sd/- Assistant Registrar (CO ) // True Copy // /01/2025 Sub Assistant Registrar (CS- I, II, III, IV) Mkn 4/5

To 1.The Additional Subordinate Judge, Karur.

2.The Additional District Munsif, Karur.

+1 CC to M/s.S.KARTHICK RAMKUMAR, Advocate ( SR-54487[F] dated 27/09/2024 ) +1 CC to M/s.R.MATHAVA SELVAM, Advocate ( SR-54488[F] dated 27/09/2024 ) +1 CC to M/s.K.SURESH, Advocate ( SR-54486[F] dated 27/09/2024 ) +1 CC to M/s.SAM JAYARAJ HOUSTON, Advocate ( SR-54489[F] dated 27/09/2024 ) ORDER DATED: 26.09.2024 ====================

ORDER

==================== CMP(MD) No.12053 of 2024 CMP(MD) No.12056 of 2024 CMP(MD) No.12058 of 2024 in REV.APLC(MD) No.63 of 2024 Giving direction and etc., as stated within.

ES (23/01/2025) 5 P /7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5