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Madras High CourtCMP(MD)/9809/2022allowed on condition

The District Collector, v. 1. V. Anthony Raj (Died), 2. Rajashekar,

2023-06-30Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN in SA(MD)No. 641 of 2013 1 THE DISTRICT COLLECTOR, TUTICORIN DISTRICT, TUTICORIN.

2 THE TAHSILDAR, OTTAPIDAARAM TALUK, TUTICORIN DISTRICT. ... PETITIONERS/APPELLANTS Vs 1 V.ANTHONY RAJ (DIED), ...RESPONDENT/1st RESPONDENT 2.RAJASHEKAR, 3 PARALOGAJEYASUDHA, 4 NICKOLESLATHA, ...PROPOSED RESPONDENTS 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 1435 days in filing this petition to set aside the abatement caused against the 1st respondent on the file of the S.A.(MD).No. 641 of 2013.

Prayer in CMP(MD). 9811/ 2022 :

To set aside the abatement caused against the 1st respondent and thus render justice.

Prayer in CMP(MD). 9813/ 2022 :

To allow this petition by directing to bring on record the legal representatives proposed 2 to 4 respondents as above stated and rank them as respondent no 2 to 4 as parties to the S.A. (MD). No. 641/2013 and direct to proceed further and thus render justice. PRAYER IN SA(MD)No. 641 of 2013:

Pleased to set aside the judgment and Decree in A.S.No. 186 OF 2011 dated 18.04.2012 on the file of Sub Court, Thoothukudi, 1/3

reversing the judgment and decree made in O.S.No. 357 of 2008 dated 06.09.2011 on the file of Additional District Munsif Court, Thoothukudi and allow the second appeal.

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 Additional Government Pleader, for the petitioners, the court made the following order:- Order of this court dated 30.06.2023 has not been complied with. Therefore, CMP(MD)No.9809/2022 is dismissed. Consequential petitions in CMP(MD)Nos. 9811 and 9813/2022 are dismissed.

sd/- 12/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO TO 1 THE SUBORDINATE JUDGE, THOOTHUKUDI.

2 THE ADDITIONAL DISTRICT MUNSIF THOOTHUKUDI.

3 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE OFFICE, TUTICORIN DISTRICT.

4 THE TAHSILDAR, OTTAPIDAAM TALUK, TUTICORIN DISTRICT.

Copy to THE REGISTRAR (JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2/3

2.

THE SUB ASSISTANT REGISTRAR, AE SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3.

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in SA(MD)No. 641 of 2013 Date :12/07/2023 PKP/DD/SAR- /13.07.2023/ 3P/8C 3/3