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Madras High CourtCMP(MD)/12792/2022dismissed

S.Sekar(Died),2).S.Tamilarasi, v. St.Antonys Church,

2023-06-02Honourable Mr Justice P.Velmurugan2 pages

SA No.2122 of 2002 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.12792 & 12793 of 2022 IN SA No.2122 of 2002 1 S.SEKAR(DIED) ...SOLE APPELLANT 2 S.TAMILARASI 3 S.THULASIMANI 4 MINOR.S.SIVASANKARI 5 MINOR.SEVVANDHI RAJA 6 MINOR.S.DURGADEVI (PROPOSED PETITIONERS 4 TO 6 REPRESENTED THROUGH 2ND PETITIONER MOTHER AS NATURAL GUARDIAN) 7 ALAGAMMAL ... PETITIONERS/ PETITIONERS/APPELLANTS 2 TO 7 Vs SAINT ANTONYS CHURCH, MANERI,MEKALATHUR POST, THOGUR VIA, THANJAVUR TALUK, THANJAVUR DISTRICT.

REP.BY ITS PARISH PRIEST, REV.FR.JOSEPH ANTONYRAJ, S/O.MARIYASOOSAI, ROMAN CATHOLIC RESIDING AT CHURCH PRECINTS, MARNERI.

... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the abatement caused due to the death of the sole appellant(Sekar) in the Second Appeal SA No.2122/2002. Prayer in CMP(MD)No. 12793/ 2022 :

To Bring on Record the following persons viz,Tamilarasi(Wife), Thulasimani(Daughter), Sivasankari(Daughter), Sevvanthi Raja(Son), https://www.mhc.tn.gov.in/judis 1/2

SA No.2122 of 2002 Durga Devi(Daughter) and Alagammal(Mother) as the legal heirs of the deceased Sole Appellant(Sekar) and rank them as appellants 2 to 7 in the above second Appeal S.A.No.2122/2002.

PRAYER IN S.A.No.2122 of 2002:

Second Appeal to this honble Court against the Judgment and Decree dated 14.03.2002 made in A.S.No.11 of 2002 on the file of the Court of the Principal District Judge, Thanjavur reversing the Judgment and decree dated 05.11.2001 made in O.S.No.93 of 2000 on the file of the Court of the District Munsif, Thiruvaiyaru. 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 petitioner not appearing either in person or by an advocate, the court made the following order:- Since, the application in CMP(MD)NO. 12791/2022 was dismissed for non-compliance of the order, hence, these applications are also dismissed.

sd/- 02/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO 1.THE PRINCIPAL DISTRICT JUDGE, THANJAVUR.

2 THE DISTRICT MUNSIF, THIRUVAIYARU.

COPY TO 1 THE SUB ASSISTANT REGISTRAR(AE), AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN CMP(MD) Nos.12792 & 12793 of 2022 IN SA No.2122 of 2002 Date :02/06/2023 PKP/CG/SAR- /02.06.2023/ 2P/5C https://www.mhc.tn.gov.in/judis 2/2