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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI C.M.P.(MD)Nos.6187, 6188 and 6189 of 2018 in S.A.No.1344 of 1999

1. C.PERUMAL(DIED)

2. C.ADHIMOOLAM .... PETITIONERS/ APPELLANTS in all the petitions 3 UMA PARAMESWARI 4 PREMA 5 GANESAN 6 PUSHPA ... PETITIONERS/ PROPOSED APPELLANTS/ L.Rs OF DECEASED 1st APPELLANT in all the petitions Vs 1 MUTHURULANDI PILLAI(DIED) 2 K.SIKANDAR BATSHA 3 ANGAMMAL(DIED) 4 DEIVANAI 5 LATHA(DIED) 6 MASANAM(DIED) 7 SIDANATHAN ... RESPONDENTS/ RESPONDENTS in all the petitions 8 VINOTH ... PROPOSED 8th RESPONDENT/ L.R. OF 5th RESPONDENT in all the petitions 9 VIJI @ VIJAYAKUMAR 10 NAGENDRAN 11 SELVI ...PROPOSED RESPONDENTS 9 TO 11/ L.Rs OF DECEASED 6th RESPONDNET in all the petitions Prayer in CMP(MD). 6187/ 2018 :

To condone the delay of 2963 days in filing the application to set aside the abatement caused due to the death of the 6th respondent and thus render justice.

Prayer in CMP(MD). 6188/ 2018 :

To set aside the abatement caused due to the death of the 6th respondent in the above second appeal and thus render justice. 1/3

Prayer in CMP(MD). 6189/ 2018 :

To bring on record the proposed respondent as respondent 9 to 11 herein as the legal representatives of the deceased 6th respondent in the above second appeal and thus render justice. PRAYER IN S.A.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 the Principal Subordinate court, Madurai, reversing the judgment and decree dated 18.12.1992 and made in O.S.No.441 of 1991 on the file of District Munsif Court, Melur. 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 Mr.P.THIAGARAJAN, Advocate for the petitioners in all the petitions, the court made the following order:- Records perused. R6 is not at all on record in the case. 2.R6 is reported dead and the conditions imposed on the earlier order has not been complied with.

3.Hence this petition in C.M.P.(MD)No.6187 of 2018 stands dismissed. Consequently, connected miscellaneous petitions in C.M.P (MD)Nos.6188 and 6189 of 2018 stand dismissed. sd/- 29/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, MADURAI.

2 THE DISTRICT MUNSIF, MELUR.

ORDER IN C.M.P.(MD)Nos.6187, 6188 and in S.A.No.1344 of 1999 Date :29/04/2022 pnn MS/PN/SAR-2/09.05.2022/2P.3C 2/3

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