Madras High CourtCMP(MD)/6827/2017allowed on condition

Paul Mokkiah Kanaga Sabapathy v. Meenakshi Ammal

2023-04-25Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.6827 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fifth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.6827 of 2017 IN SA No.2165 of 2001 1 PAUL MOKKIAH KANAGA SABAPATHY @ M.S.PAUL 2 VASANTHA KOKILAM CHELLAM @ VASANTHA SAMUEL (DIED) THROUGH THEIR POWER AGENT, J.SAMUEL PANDIAN ...PETITIONERS/APPELLANTS 1&2 3 S.J.SAMUEL PANDIAN 4 S.STEEPHEN SUNDARARAJAN 5 S.JAMES THANGARAJ 6 S.THOMAS KANAGARAJ 7 S.MARY LILLY RANI ... PETITIONERS 3 TO 7/ PROPOSED APPELLANTS 3-7 LRS OF THE DECEASED 2ND APPELLANT Vs MEENAKSHI AMMAL ... RESPONDENT/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 740 days in filing the petition to set aside the abatement caused due to the death of the 2nd Appellant.

PRAYER IN SA No.2165 of 2001:

Second Appeal against the judgment and decree in A.S.244/97 on the file of the Principal District Judge, Thirunelveli dated 24.11.2000 by confirming the judgment and decree in O.S.111/95 on the file of II Additional District Munsif Court, Tirunelveli, dated 28.10.97.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.6827 of 2017 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.S.BALASUBRAMANIAN, Advocate for the petitioner, the court made the following order:- The petition is filed to condone the delay of 740 days in filing the petition to set aside the abatement caused due to the death of the second appellant.

2. The reasons stated in the accompanying affidavit are not satisfactory. However, in order to give opportunity to the parties, the petition is allowed with cost of Rs.10,000/- (Rupees Ten Thousand only). The petitioners are directed to deposit Rs.10,000/- before the Registry to the credit of C.M.P.(MD)No.6827 to 2017 in S.A.No.2165 of 2001 on or before 10.05.2023 and file a Memo to that effect.

3. List the matter on 02.06.2023 'for reporting compliance'. sd/- 25/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1.THE PRINCIPAL DISTRICT JUDGE, THIRUNELVELI 2.THE II ADDITIONAL DISTRICT MUNSIF, TIRUNELVELI COPY TO 1.THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR(AE), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, JUDICIAL NOTICE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.6827 of 2017 IN SA No.2165 of 2001 Date :25/04/2023 RK/SSS/SAR-2(28/04/2023) 2P/7C https://www.mhc.tn.gov.in/judis 2/2