Chellathai Nadachi v. Murugan Asari(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Fourth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY in S.A.No.2016 of 2002 Chellathai Nadachi ... Petitioner/ Appellant Vs 1 Murugan Asari(Died) 2 Vellappan 3 Radha Krishnan 4 Nagaramma 5 Monikandan ... Respondent/Respondent/Proposed Respondents 2 to 6 Prayer in CMP.No.12902 of 2003 :- This Civil Miscellaneous Petition under order 22, Rule 4 of C.P.C, to bring on record Respondents 1 to 5 as legal representatives of the deceased sole Respondent as additional Respondents 2 to 6 in the above Second Appeal No.2016/2002. 1/4

Prayer in S.A.No.2016 of 2002:- Second APPEAL filed under Section 10 of Civil Procedure against the Judgement and Decree dated 06.08.2002 made in A.S. No.47 of 1996 on the file of the Additional Sub Judge, Padmanabhapuram(Camp), confirming the Judgment and Decree dated 15.03.1996 made in O.S. nO.723 OF 1993 on the file of the Principal District Munsif, Padmanabhapuram.

ORDER:- This Civil Miscellaneous Petition 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 Thiru./Ms. K.N.Thambi, Advocate for the Petitioner and of Thiru./Ms. , Government Advocate for the respondent(s), this Court made the following order:

This petition is filed to bring on record the proposed respondents 1 to 5 as legal representatives of the deceased sole respondent in the above second appeal. 2.The proposed respondents 1 to 5 are the legal heirs of sole respondent in the second appeal. Out of them, respondents 1, 2, 4 and 5 passed away. This Court vide order dated 04.07.2023, dismissed this petition as abated as against the 2/4

respondents 1, 2, 4 and 5, since no steps have been taken. As far as the proposed third respondent is concerned, notice sent to him is returned with an endorsement "not in the address". The learned counsel for the appellant would submit that he is not able to get the present address of the proposed third respondent.

3. In these circumstances, no order can be passed in this petition. Hence, this petition is dismissed.

Sd/- Assistant Registrar (CO) // True Copy // /09/2023 Sub Assistant Registrar(CS) SKN To:

1)The Additional Subordinate Judge, Padmanabhapuram(Camp) 2)The Principal District Munsif, Padmanabhapuram.

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ORDER DATED : 24/08/2023 ==========================

ORDER

========================== in S.A.No.2016 of 2002 Giving direction and etc.

as stated within.

RD(20/09/2023) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4