Madras High CourtCMP(MD)/8483/2018dismissed

Kathan(Died) v. Mariyayee

2022-08-18Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Eighteenth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN in AS.No. 904 of 2004 Kathan(Died) K.Anbarasu ... Petitioner/Proposed Appellant Vs 1 Mariyayee (Died) 2 Chitra 3 Parimala ... Respondents 1 to 3/Respondents 1 to 3/ Plaintiff 1 to 3 Elango (Died) 4 Valarmathi 5 Pandiyan 6 Chellappa 7 Anbarasi (Died) ... Respondents 4 to 7/Respondents 4 to 7/ Defendants 3 to 6 8 Muthulakshmi 9 Bama 10 Nilavan 11 Selvam ... Respondents 8 to 11/Proposed Respondent (LRS of the deceased 4th respondent/2nd defendant) 12 P.Kumutha 1/3

13 M.Malika 14 S.Mohanarani 15 S.Ramathilagam (Memo dated 08.08.2022 in USR No. 21896 & 21895 are recorded, as 1st and 7th respondents died, and RR2 and 3 are LRS of the deceased R1 vide Court order dated 18.08.2022 made in CMP(MD).No. 8483 of 2022 in AS.No 904/2004) ... Respondents 12 to 15/Proposed Respondent (LRS of the deceased appellant) -2Prayer in CMP(MD). No.8483 of 2018:- This Petition filed under Section 5 of Limitation Act, Praying this Court to condone the delay of 429 days, in filing a petition to set aside the dismissal order dated 21.04.2017, and to restore the above appeal.

Prayer in AS. 904/ 2004 :

This Appeal filed under Section 96 of C.P.C., praying this Court, against the Judgment and Decree dated 20.4.2004 made in O.S.No.89 of 2004, on the file of the District Court, Karur, Karur District.

ORDER:- This Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. R.Sundar, Advocate for the Petitioner, this Court made the following order: " In view of the dismissal order dated 18.08.2022 passed in CMP(MD).Nos. 8484, 8485 and 8486 of 2018 in AS.No. 904 of 2004, this Civil Miscellaneous Petition is also dismissed." Sd/- Assistant Registrar (CS I) // True Copy // /09/2022 Sub Assistant Registrar(CS) 2/3

To The District Judge, Karur, Karur District.

ORDER DATED : 18/08/2022 ========================

ORDER

======================== in AS.No. 904 of 2004 Giving direction and etc.

as stated within.

SS/20/09/2022/ 3P 2C 3/3