Madras High CourtCMP(MD)/11104/2017dismissed as abated

K. Palaniappan v. K. Kalimuthu (Died)

2024-07-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CMP(MD) Nos.11104 and 11105 of 2017 IN K. PALANIAPPAN ... Petitioner / Petitioner / Petitioner / Appellant in both petitions Vs 1 K. KALIMUTHU (DIED) 2 C. RANI ... 2nd Respondent / 2nd Respondent / 2nd Respondent / 2nd Respondent in both petitions 3 GANESAN 4 AMUTHA 5 SEKAR 6 RADHA ... Respondents 3 to 6 / Respondents 3 to 6 / LRs of deceased 1st Respondent / LRs of deceased 1st Respondent in both petitions 1/3

Prayer in CMP(MD). 11104/ 2017 :

To pass an order to restore the M.P.(MD).No.2 of 2011 the petition to set aside abatement caused due to the death of the 1st Respondet, dismissed fo default on 02.03.2016 an against the Respondents 3,4 and 6 and the same may be disposed of on merits.

Prayer in CMP(MD). 11105/ 2017 :

To pass an order to restore the M.P.(MD).No.3 of 2011 the petition to set aside abatement caused due to the death of the 1st Respondet, dismissed fo default on 02.03.2016 an against the Respondents 3,4 and 6 and the same may be disposed of on merits.

Prayer in MP(MD) No.2 of 2011 in SA(MD) SR No.5204 of 2011: To set aside the abatement caused due to the death of the deceased 1st respondent.

Prayer in MP(MD) No.3 of 2011 in SA(MD) SR No.5204 of 2011: To bring on record Respondents 3 to 6 herein as legal representatives of deceased R1 as respondents 3 to 6 in MP(MD) No.1 of 2011 as well as second appeal. Prayer in SA(MD) SR No.5204 of 2011:

To allow this second appeal and set aside the judgment and decree dated 08.09.2009 made in A.S.No.72 of 2008 on the file of the I Additional Subordinate Judge Court, Madurai confirming the judgment and decree dated 13.03.2008 made in O.S.No.16 of 2006 on the file of the District Munsif Court, Melur. ORDER : These civil miscellaneous petitions 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.PT.S.NARENDRA VASAN, Advocate for the petitioner, the court made the following order:- Learned counsel for the petitioner would submit that the petitioner is reported to be dead and the legal representative is not interested to get along with the matter. 2/3

2. In view of the above submission, these petitions are dismissed as abated. sd/- 23/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The I Additional Subordinate Judge, Madurai.

2.The District Munsif, Melur.

ORDER

IN CMP(MD) Nos.11104 and 11105 of 2017 IN Date :23/07/2024 ED/ JGB /SAR- (30/07/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3