Madras High CourtCMP(MD)/8831/2017allowed on condition

Solomon v. Parameswaran Thambi(Died)

2022-04-18Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.8831 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.8831 of 2017 IN SA No.1220 of 2002 1 SOLOMON 2 THANGAMANI 3 KAMALASANAN NAIR 4 MARY ... PETITIONERS/APPELLANTS Vs 1 PARAMESWARAN THAMBI(DIED) 2 VEDAMANI 3 GNANAMANI ... RESPONDENTS/RESPONDENTS (LRs OF THE DECEASED 1st RESPONDENT) 4 USHA THAMBI 5 K.P.NARAYANAKUMAR 6 K.P.MONICKAKUMAR 7 K.P.SREENIVASAKUMAR 8 K.P.AMRITHKUMAR 9 K.P.JOTHIKUMAR ... RESPONDENTS 4 TO 9/ PROPOSED RESPONDENTS 4 TO 9 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 3483 days for filing the petition to set aside the abatement caused due to the death of deceased 1st respondent Parameswaran Thambi in SA.No. 1220 of 2002. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.8831 of 2017 PRAYER IN SA.No.1220 of 2002:

To prefer this Memorandum of Grounds of Second Appeal against the judgment and decree dated 22.11.2001 and made in AS.No.140 of 1997 on the file of II Additional Subordinate Court at Kuzhithurai, reversing the judgment and decree dated 28.07.1997 and made in OS.No.100 of 1983 on the file of I Additional District Munsif, Kuzhithurai.

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.SANTHANA KRISHNAN, Advocate for the petitioners No.1 to 3, the court made the following order:- On the side of the petitioner, it is stated that the petitioner is not aware of the death of R1 and there is delay of 3483 days in taking steps for impleading the LR's of R1.

Reasons stated are not satisfactory. But the LR's of R1 are necessary party to the case. Hence, this petition is allowed on condition of payment of Rs.3,000/- to the Siddha Hospital, attached to this court on or before 22.04.2022.

Call on 26.04.2022 "for reporing compliance". sd/- 18/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL SUBORDINATE JUDGE, KUZHITHURAI.

2 THE I ADDITIONAL DISTRICT MUNSIF, KUZHITHURAI.

COPY TO:

THE MEDICAL OFFICER, SIDDHA HOSPITAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.8831 of 2017 IN SA No.1220 of 2002 Date :18/04/2022 SA/SVR/SAR.1/20.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2