Madras High CourtCMP(MD)/6184/2018allowed with costs

C.Perumal(Died) v. Muthurulandi Pillai(Died)

2022-04-05Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.6184 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.6184 of 2018 IN SA No.1344 of 1999

1. C.PERUMAL (DIED)

2. C.ADHIMOOLAM ... PETITIONERS/APPELLANTS

3. UMA PARAMESWARI

4. PREMA

5. GANESAN

6. PUSHPA ... PETITIONERS/PROPOSED APPELLANTS/ L.Rs OF DECEASED 1st APPELLANT Vs

1. MUTHURULANDI PILLAI (DIED)

2. K.SIKANDAR BATSHA

3. ANGAMMAL(DIED)

4. DEIVANAI

5. LATHA(DIED)

6. MASANAM(DIED)

7. SIDANATHAN

8. VINOTH ... PROPOSED 8th RESPONDENTS/ 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 1774 days in filing the application to set aside the abatement caused due to the death of the 5th respondent. PRAYER IN SA No.1344 of 1999 :

To prefer this Memorandum of Grounds of Second Appeal against the judgment and decree dated 25.02.1994 and made in A.S.No.17 of 1993 on the file of Principal Sub Court, Madurai, reversing the judgment and Decree dated 18.12.1992 and made in OS No.441/91 on the file of District Munsif Court, Melur.

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 petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6184 of 2018 On the side of the petitioners, it is stated that the first petitioner was taking care of the case. Only after the demise of the first petitioner, the second petitioner came to know the death of R5 and there is a delay of 1724 days in taking steps for deceased R5.

The LR's of fifth respondent are necessary parties of the case. Hence, this petition is allowed on condition of payment of Rs.1,500/- to the Siddha Hospital, attached to this court, on or before 19.04.2022.

Call on 21.04.2022 "for reporting compliance". sd/- 05/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE PRINCIPAL SUBORDINATE JUDGE, MADURAI.

2. THE DISTRICT MUNSIF, MELUR.

COPY TO :

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

ORDER

IN CMP(MD) No.6184 of 2018 IN SA No.1344 of 1999 Date :05/04/2022 ls USK/VR/SAR-IV/07.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2