Raghavan(Died) v. Subbiah(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.6098, 6099 and 6100 of 2017 IN SA(MD) No.164 of 2005 1 RAGHAVAN(DIED)

2. ARUMUGAM(DIED)

3. MUTHURAMAN(DIED) 4 SUBBIAH 5 VIJAYAN ... Petitioners / Appellants in all petitions 6 CHINNAMMAL 7 SAMPATH 8 S. PACKIYALAKSHMI ... LRs of Deceased 1st Appellant / Proposed Appellants 6 to 8 in all petitions 9 SOUNDARAM 10 M. KARTHICK 11 MANJULA 12 A. SELVI 13 R. MANIMEGALAI ... LRs of Deceased 3rd Appellant / Proposed Appellants 9 to 13 in all petitions Vs SUBBIAH(DIED)

1. PEYAMMAL 1/4

2 PONNALAGU 3 JAYALAKSHMI 4 MUNIYANDI 5 SARADHA 6 NEHRU 7 CAUVERY 8 PAVALAKODI ... Respondents / Respondents in all petitions Prayer in CMP(MD). 6098/ 2017 :

To condone the delay of 2498 days in seeking to set aside the abatement caused by the death of Ragavan, the 1st Appellant in the above second appeal. Prayer in CMP(MD). 6099/ 2017 :

To set aside the abatement caused by the death of Ragavan, the 1st Appellant in the above Second appeal.

Prayer in CMP(MD). 6100/ 2017 :

To bring on record, proposed Appellants 6 to 8 herein who is the Legal Representative of deceased Ragavan, the 1st Appellant in the above second appeal and rank him as appellants 6 to 8 in the above second appeal. 2/4

PRAYER in SA(MD) No.164 of 2005:

To prefer this memorandum of second Appeal from and against the judgment and decree in A.S.No.20/2003 on learned Subordinate Judge's as Court Sivagangai dated 24.11.2004 reversing the well considered decree and Judgment in O.S.No.545/87 on the file of Principal District Munsif's Court, Sivagangai dated 26.12.2002.

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. M.MOHANASUNDARAM, Advocate for the petitioners, the court made the following order:- This Court by order dated 21.06.2023 has allowed the condone delay petitions in C.M.P(MD) No.6098 of 2017 with a cost of Rs.20,000/-. Conditional order passed by this Court dated 21.06.2023 has not been complied with, hence, this application in C.M.P(MD) No.6098 of 2017 is dismissed.

2.In view of the dismissal of the condone delay application, other 3/4

consequential applications in C.M.P(MD) Nos.6099 & 6100 of 2017 are also dismissed.

sd/- 14/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO THE SUBORDINATE JUDGE, SIVAGANGAI.

THE PRINCIPAL DISTRICT MUNSIF, SIVAGANGAI.

ORDER

IN CMP(MD) Nos.6098, 6099 and 6100 of 2017 IN SA(MD) No.164 of 2005 Date :14/07/2023 ED/DD /SAR- (21/07/2023) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4