The Madurai Bench of the Madras High Court condoned an excessive delay of over 2400 days to set aside abatement caused by the death of an appellant. Petitioners were allowed to replace deceased legal heirs as co-appellants.
Delay condoned upon deposit of ₹5,000; petitions to set aside abatement and add legal heirs allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Eighth day of September Two Thousand Sixteen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
CMP(MD) Nos.5235 to 5237 of 2016
IN
SA No.1251 of 2003
PARAMESWARAN PILLAI (DIED) ... 2nd APPELLANT IN S.A
1 PARVATHI 2 P.SIVALAKSHMI ...PETITIONERS/
PROPOSED APPELLANTS No.3&4 & LRs OF THE 2nd APPELLANT IN SA
Vs
1 CHELLAMMAL ...1st RESPONDENT/1st APPELLANT
2 THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADM) DEPARTMENT, CHENNAI-34.
3 THE EXECUTIVE OFFICER A/M. BALASUMANIASAMY KOIL, FORT PADMANABHAPURAM, KANYAKUMARI DISTRICT.
... 2nd and 3rd RESPONDENTS
Prayer in CMP(MD). 5235/ 2016 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 2406 days in filing the petition to set aside the abatment caused due to the death of the 2nd appellant (Parameswaran Pillai) in SA.No.1251/2003 and thus render justice.
Prayer in CMP(MD). 5236/ 2016 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the abatment caused due to the death of the 2nd appellant (Parameswaran Pillai) in SA.No.1251/2003 and thus render justice.
Prayer in CMP(MD). 5237/ 2016 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased https://hcservices.ecourts.gov.in/hcservices/ to bring the legal heirs of the deceased 2nd appellant (Parameswaran Pillai) i.e., the petitioners herein, on record in the appeal and
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rank them as appellant 3 and 4 in SA.No.1251/2003 and thus render justice.
PRAYER IN SA(MD)No.1251 OF 2003:
The second appeal against the judgment and decree dated 19.11.2002 in A.S.No.138/1996 passed by the Subordinate Judge, Padmanabhapuram confirming the Judgment and Decree dated 25.06.1996 in O.S.No.304/1996 of the Additional District Munsif Court, Padmanabhapuram.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. R.MURUGAN, Advocate for the petitioner and the court made the following order:-
The petition in C.M.P.(MD)No.5235 of 2016 is filed to condone the delay of 2406 days in filing the petition to set aside the abatement caused due to the death of the 2nd respondent in S.A. (MD)No.1251 of 2003.
sd/-
08/09/2016
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUBORDINATE JUDGE, PADMANABHAPURAM
2 THE ADDITIONAL DISTRICT MUNSIF, PADMANABHAPURAM
+1 CC to Mr.R.MURUGAN, Advocate, SR No.50965
ORDER IN
CMP(MD) Nos.5235 to 5237/2016 IN
SA No.1251 of 2003
Date :08/09/2016
nbj
https://hcservices.ecourts.gov.in/hcservices/ SH/SS-2/SAR-I:19.09.2016:2P/4C
1 issue framed by the court
Whether the delay of 2406 days in filing the petition to set aside abatement can be condoned due to the death of the second appellant.
Parvathi P.Sivalakshmi
Chellammal
The Commissioner Hindu Religious and Charitable Endowments
The Executive Officer
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
