Madras High CourtCMP(MD)/10420/2021allowed

A.Vijayalakshmi (Died) 1. A.Karthikeyan, v. C.Palanisamy

2021-12-13Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

SA(MD)No.324 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD)Nos.10420 to 10422 of 2021 in SA(MD)No.324 of 2011 A.VIJAYALAKSHMI (DIED) 1 A.KARTHIKEYAN 2 M.VANITHAMANI 3 A.GANESH KUMAR RAMACHANDRAN ... PETITIONERS/ PROPOSED APPELLANTS in all the petitions Vs 1 C.PALANISAMY 2 P.THANGAMAYIL ... RESPONDENTS/ RESPONDENTS in all the petitions Prayer in CMP(MD). 10420/ 2021 :

To condone the delay of 35 days in filing the petition to set aside the abatement in so far as the deceased sole appellant namely Vijayalakhsmi in SA(MD) No.324 of 2011 on the file of this Honourable Court.

Prayer in CMP(MD). 10421/ 2021 :

To set aside abatement in respect of the deceased sole appellant namely Vijaylakshmi in SA(MD) No.324 of 2011 on the file of this Honourable Court.

Prayer in CMP(MD). 10422/ 2021 :

To bring on record the proposed petitioners/appellants 2 to 4 as legal heirs of deceased sole appellant Vijayalakshmi as appellants in SA(MD) No.324 of 2011 on the file of this Honourable Court.

Prayer in SA(MD). 324/ 2011 :

To prefer this Memorandum of Second Appeal against the judgment and decree dated 25.01.2011 made in A.S.No.10 of 2010 on the file of the Sub-Court, Sivakasi against in judgment and decree in O.S.No.200 of 2004 dated 03.03.2010 on the file of the District Munsif, Sivakasi.

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SA(MD)No.324 of 2011 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.ATHIMOOLAPANDIAN, Advocate for the petitioner in all the petitions and of MR.M.ASHOK KUMAR, Advocate on behalf of the Respondents in all the petitions, the court made the following order:

These petitions are filed (i) to condone the delay of 35 days in filing the petition to set aside the abatement, (ii) to set aside the abatement caused due to the death of the appellant and (iii) to bring on record the petitioners herein, as the legal representatives of the deceased appellant.

2. The learned counsel appearing for the respondents has no objection to allow these petitions.

3. In order to give effective justice in the second appeal, it is just and necessary that the legal representatives should be brought on record. Hence, these applications are allowed on condition that the Petitioners pay a sum of Rs.500/- (Rupees Five Hundred only) to the credit of Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Savings Account No.496039124, IFSC Code: IDIB000H040), towards costs, within a period of two weeks from the date of receipt of a copy of this order, failing which, these petitions shall stand automatically dismissed, without further reference to this Court.

4. List the Second Appeal on 07.01.2022.

sd/- 13/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, SIVAKASI.

2 THE DISTRICT MUNSIF, SIVAKASI.

COPY TO:

THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADURAI-625 023.

ORDER IN CMP(MD)Nos.10420 to 10422 of 2021 in SA(MD)No.324 of 2011 Date :13/12/2021 MBI MS/VR/SAR-3/16.12.2021/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2