Madras High CourtCMP(MD)/2707/2017allowed

T.Subbulakshmi v. Sornam Servai,

2021-08-25Honourable Mr Justice G.R.Swaminathan2 pages

CMP(MD) No.2707 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.2707 of 2017 AND CMP(MD) No.1916 of 2021 IN AS No.891 of 1993 CMP(MD) No.2707 of 2017:

T.SUBBULAKSHMI ... PETITIONER/3RD RESPONDENT /3RD RESPONDENT Vs SORNAM SERVAI (DIED ON 23.02.2002) 1 AMBIKA (NOT ADMITTED BY THE PETITIONER HEREIN) ... RESPONDENT/PETITIONER/PETITIONER 2 CHANDRASEKARN 3 JOTHILAKSHMANAN ... RESPONDENTS/RESPONDENTS 1 & 2 /RESPONDENTS 1 & 2 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order dated 23.02.2005 in C.M.P.No.1359 of 2004 in A.S.No.891/1993.

CMP(MD) No.1916 of 2021 :

SORNAM SERVAI (DIED) 1 AMBIKA ... PETITIONER/2ND APPELLANT VS 1 CHANDRASEKARAN 2 JOTHI LAKSHMANAN 3 SUBBULAKSHMI ... RESPONDENTS 1 TO 3/RESPONDENTS 1 TO 3 4 GAYATHRI 5 THILAGAVATHI 6 KARTHIK 7 SORNAPRASANNA 8 RANJANI 9 VIJAYALAKSHMI https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.2707 of 2017 10 SUNDARAMBAL 11 SORNALINGAM 12 SUMATHI ... RESPONDENTS 4 TO 12/ PROPOSED RESPONDENTS 4 TO 12 Prayer in CMP(MD)No.1916 of 2021 :

To bring the Respondents 4 to 12 herein on record as Legal Representatives of the deceased 1st Appellant namely Sornam Servai in the above said Appeal in A.S.No.891 of 1993 as Respondents 4 to 12. Prayer in A.S.No.891 of 1993 :

To prefer this Memorandum of First Appeal against the judgment and decree dated 28.07.1993 made in O.S.No.6 of 1992 on the file of the Sub Court, Devakottai.

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 M/S.AL.GANDHIMATHI, Advocate for the petitioner in CMP(MD).2707/2017 and for 3rd respondent in CMP(MD) No.1916/2021 and of MR.PAREKH KUMAR, Advocate for MR.P.MANI, Advocate on behalf of the 1st Respondent in CMP(MD).2707/2017 and for the petitioner in CMP(MD).1916/2021 and MR.S.MANIKANDAN, Advocate on behalf of the Respondent No.4 & 8 to 12 in CMP(MD).1916/2021, the court made the following order:- These civil miscellaneous petitions are listed under the caption for being mentioned.

2.The order dated 25.08.2021 allowing C.M.P.(MD)No.1916 of 2021 will hold good.

3.The order dated 25.08.2021 made in C.M.P.(MD)No.2707 of 2017 is recalled. Since nothing survives for further adjudication in this civil miscellaneous petition, C.M.P.(MD)No.2707 of 2017 stands dismissed.

sd/- 12/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, DEVAKOTTAI.

+1 CC to M/S.S.MANIKANDAN, Advocate (SR-8511[I] dated 12.08.2022) ORDER IN CMP(MD) No.2707 of 2017 & CMP(MD) No.1916 of 2021 IN AS No.891 of 1993 ias Date :12/08/2022 RS/JM/SAR.2 (24.08.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2