Madras High CourtCMP(MD)/6661/2017allowed on condition

P.Nallathambi v. Thangamma Nadachi (Died)

2022-04-12Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI IN SA No.1500 of 2003

1. P.NALLATHAMBI

2. A.RAJATHYANGAM

3. THANGAPPAN

4. RAJAMMAL

5. T.RAJENDRAN(DIED)

6. T.RAJADOSS

7. T.PREMA

8. T.GNANA DEEPAM

9. T.SUGANTHI LET 10.T.SANTHI 11.DONI 12.MINOR JEBIN BLASHIKHA 13.MINOR JETTU SOLOMAN ... PETITIONERS/APPELLANTS (MINOR 13TH PETITIONER REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN 11TH PETITIONER) Vs

1. THANGAMMA NADACHI (DIED)

2. C.DEVARAJ

3. C.RJAMANI

4. BALAIAN

5. C.KUMARESAN

6. P.PONNU PILLA (DIED)

7. ROSAMMAL

8. H.THANGAM

9. H.PALTHANGAM 10.H.LEELA 11.H.SUSEELA 12.H.SEKAR 13.H.VIJILA 14.H.LATHA 15.A.THANGAMANI 16.P.SELVANAYAGAM 17.S.KAMALESAN (DIED) 18.P.SELVARAJ 19.T.SELLAPPAAN 20.SELVAPPU 1/3

21.S.GNANAVADIVU 22.ANJALI 23.S.SELLAPPAN 24.S.THANGAPPAN 25.PUSHPAM 26.ISAKKI PILLAI 27.N.RATHINAMANI 28.N.THANGARATHINAM 29.N.NAADACHI 30.M.MARIATHANGAM 31.N.KAMALATCHI 32.N.MARINESAN 33.T.SORNABAI 34.MANI ALIAS NELSON 35.KALA 36.VINCENT 37.MINOR V.V.VINNARASU ... RESPONDENTS/PROPSED RESPONDENTS/LR OF R6.

38.S.REETHA 39.BELGIN PRATHAP SINGH 40.MELBIN PRATHAP SINGH ... RESPONDENTS/PROPOSED RESPONDENTS 38 TO 40/ L.RS OF DECEASED 17th RESPONDENT 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 3540 days in filing the application to set aside the abatement caused due to the death of the 17th respondent. PRAYER IN SA NO.1500 OF 2003 :

To prefer this Memorandum of Grounds of Second Appeal against the judgment and decree dated 22.07.2003 and made in A.S.No.110 of 1997 on the file of Sub Court, Padmanabhapuram, confirming the judgment and decree dated 21.06.1996 and made in OS No.703 of 1987 on the file of Principal District Munsif Court, Padmanabhapuram. 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 P.THIAGARAJAN, Advocate for the petitioners, the court made the following order:- On the side of the petitioner it is stated that the deceased 17th respondent was set ex-party before the lower Court. The appellant is under the impression that his legal representatives are need not be impleaded. Later, on advice of the advocate they wanted to implead the legal representatives of the 17th respondent and there is a delay of 3540 days in taking steps for the deceased 17th respondent.

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2.The reasons stated are not satisfactory. But in the partition suit, all the legal representatives are necessary parties. Accordingly, this petition is allowed on payment of cost of Rs.2,000/-(Rupees Two Thousand only) to the Siddha unit attached to this Bench, on or before 18.04.2022.

3.Call on 19.04.2022.

sd/- 12/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE SUBORDINATE JUDGE, PADMANABHAPURAM.

2. THE PRINCIPAL DISTRICT MUNSIF, PADMANABHAPURAM.

COPY TO :

THE OFFICER-INCHARGE, SIDDHA UNIT, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN SA No.1500 of 2003 Date :12/04/2022 pnn USK/PN/SAR-II/18.04.2022/3P/4C 3/3