Madras High CourtCMP(MD)/1134/2017dismissed

The Special Tahsildar, v. P.Murugeshapandian (Died)

2020-10-13Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Thirteenth day of October Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ C.M.P.(MD). Nos.1134 to 1136 of 2017 in A.S. (MD)No. 12 of 2005 The Special Tahsildar, Ad-Dravidar Welfare Kovilpatti Tuticorin District ... Petitioner/Appellant in all the Petitions Vs 1 P.Murugeshapandian (Died) ...1st Respondent / Respondent in all the Petitions 2 Tamilarazi 3 Chellapandian, 4 Kamatchithai @ Maniyarasi ... Respondents 2 to 4 / LRs of the Deceased sole Respondent in all the Petitions Prayer in C.M.P.(MD). Nos.1134 of 2017:- Petition filed under Section 5 of the Limitation Act, to Condone the delay of 3218 days in filing the petition to set-aside abatement caused due to the death of the sole respondent in A.S.(MD) No.12 of 2005.

Prayer in C.M.P.(MD). Nos.1135 of 2017:- Petition filed under Order XXII Rule 9 of the C.P.C., to set aside the abatement caused due to the death of the sole respondent in A.S.(MD) No.12 of 2005.

Prayer in C.M.P.(MD). Nos.1136 of 2017:- Petition filed under Order XXII Rule 4 of the C.P.C., to bring on record the respondents 2, 3 & 4 as the legal representatives of the sole respondent and rank them as respondents 2, 3 & 4 in A.S.(MD) No.12 of 2005.

Prayer in A.S. No. 12 of 2005:- Appeal Suit filed under Section 54 of the Land Acquisition Act, against the Judgment and Decree dated 10/04/2004 made in L.A.O.P. No. 38 of 1998 on the file of the Subordinate Judge, Kovilpatti. https://hcservices.ecourts.gov.in/hcservices/

ORDER:- These Petitions coming up for orders on this day and upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr. J. Gunaseelan Muthiah, Addl. Govt. Pleader for the Petitioner and of Mr. M. Siddharthan, Advocate for the 3rd Respondent and the respondents 2 & 4 having not appeared either in person or through a Counsel, this Court made the following order:

C.M.P.(MD).No.1134 of 2017 is filed to set aside the abatement caused due to the death of the sole respondent C.M.P.(MD).No.1135 of 2017 is to set aside the abatement and CMP(MD).No.1136 of 2017 is bring on record the petitioners herein as Legal representatives of the deceased respondent as respondents 2 to 4 in the above Second Appeal.

2. Heard.

3. Considering the facts and circumstances of the case, C.M.P (MD).No.1134 of 2017 is allowed and the delay is condoned. Consequently, CMP(MD).Nos.1135 and 1136 of 2017 are also allowed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Subordinate Judge, Kovilpatti.

ORDER DATED : 13/10/2020 ==========================

ORDER

========================== CMP(MD). Nos.1134 to 1136 of 2017 in A.S. No. 12 of 2005 Giving direction and etc.

as stated within.

VB (24.11.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/