Madras High CourtCMP(MD)/2159/2017allowed with costs

Sakthivel v. Chinnaian

2022-04-01Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.2159 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.2159 of 2017 IN SA(MD) No.850 of 2005 1 SAKTHIVEL 2 NAGAMANI 3 SUNDARI 4 CHINNAPONNU ... PETITIONERS/APPELLANTS Vs 1 CHINNAIAN(DIED) .../Sole Respondent

2) THANGAMMAL, 3 PANNEERSELVAM, 4 RAJARANI 5 RAMAYEE, ... RESPONDENTS 2 to 5 / PROSPOSED RESPONDENTS 2 to 5 (L.RS OF R1) 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 1241 days in filing the petition to set aside the abatement caused due to the death of Chinnaian, the sole respondent in the above Second Appeal PRAYER IN SA(MD)NO. 850 of 2005:

To prefer this Memorandum of Grounds of Second Apeal against the Judgment and Decree dated 30.11.2004 passed in A.S.No. 65/1998 on the file Subordinate Judg's court, Kulithalai, confirming the judgment and decree dated 30.03.1998 passed in O.S.No. 113/1991 on the file of the District Munsif's Court, Kulithalai. 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 MR.R.SUBRAMANIAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2159 of 2017 On the side of the petitioner, it is stated that the petitioner is not aware of the death of sole appellant and hence steps could not be taken with in the time line and there is a delay. Reasons stated are satisfactory. The LR's of deceased appellant are necessary parties to decide the issue. Hence, the delay is condoned on payment of Rs.1,000/- to the Siddha Hospital attached to this court on or before 12.04.202.

Call on 19.04.2022 "for reporting compliance" sd/- 01/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTIRCT MUNSIF KULITHALAI.

2 THE SUBORDINATE JUDGE, KULITHALAI.

COPY TO THE OFFICER INCHARGE, SIDDHA HOSPITAL, MADURAI BENH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2159 of 2017 IN SA(MD) No.850 of 2005 Date :01/04/2022 LS PKP/JM/SAR-3/04.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2