1. D.Ramanan (Died) 2. R.Mehala v. Amsavalli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Ninth day of June Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN AND The HONOURABLE MR. JUSTICE K. RAJASEKAR CMP(MD). No.18392,18393,18395 & 18396 of 2024 in AS(MD)No.213 of 2015

1. D.Ramanan (Died) ... Nil/Appellant

2. R.Mehala ... Petitioner/Proposed Appellant (In all CMP's) Vs 1 Amsavalli 2 Nirmala 3 Aruna Kasirajan 4 Abithagujalambal 5 Valarmathy ... Respondents/Respondents (In all CMP's) Prayer in CMP(MD). No.18392 of 2024 This Civil Miscellaneous Petition filed under section 5 of Limitation Act to Condone the delay of 2010 days in setting aside the abatement caused by the death of the sole appellant in AS(MD) No.213 of 2015 and thus render justice.

Prayer in CMP(MD). No.18393 of 2024 This Civil Miscellaneous Petition filed under order 22 Rule 9(2) of CPC to set aside the abatement caused by the death of the sole appellant in AS(MD) No.213 of 2015 and thus render justice.

Prayer in CMP(MD). No.18395 of 2024 This Civil Miscellaneous Petition filed under order 22 Rule 3 and section 151 of CPC to bring on record the 2nd petitioner herein rank as 2nd appellant in AS(MD) No.213 of 2015 as legal representatives of the deceased sole appellant namely D.Ramanan, and thus render justice.

Prayer in CMP(MD). No.18396 of 2024 This Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC to allow this restoration petition and to restore the AS(MD) No.213 of 2015, on the file of this Hon'ble Court, which was dismissed on 11.11.2024 and thus render justice. Prayer in AS(MD) No.213 of 2015:

Appeal suit filed under section 96 of the Civil Procedure Code, 1908, as against the judgment and decree O.S. No.69 of 2012 on the file of II Additional District and Sessions Court, Thanjavur, dated 29.06.2015.

ORDER:- These Petitions coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.Karnan, Advocate for the Petitioner this Court made the following order:

"we are satisfied with the reasons set out in the affidavit filed in support of the petition for condonation of delay. Delay is condoned and these petitions are allowed".

Sd/- Assistant Registrar(CS II) // True Copy // / /2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO The II Additional District and Sessions Judge, Thanjavur.

Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 09/06/2025 ==========================

ORDER

========================== CMP(MD). Nos.18392,18393, 18395,18396 of 2024 IN AS(MD)No.213 of 2015 Giving direction and etc.

as stated within.

MGJ (20.06.2025) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023