Supreme Court dismissed condemnation of delay for condoning 12,783 days to bring legal representatives on record as petitions were not pressed, though liberty to file fresh application was granted.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Thirteenth day of February Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
CMP(MD)Nos.979 to 981 of 2017 IN AS No.483 of 1998
THE SPECIAL TAHSILDAR (LA) ADI DRAVIDAR WELFARE, VIRUDHUNAGAR ... PETITIONER/APPELLANT IN ALL THE PETITIONS. - Vs. -
...RESPONDENTS 1 TO 8/ PROPOSED RESPONDENTS 1 TO 8 IN ALL THE PETITIONS.
...RESPONDENTS 9 TO 12/ PROPOSED RESPONDENTS 9 TO 12 (LEGAL REPRESENTATIVES OF DECEASED 2ND RESPONDENT) IN ALL THE PETITIONS.
...RESPONDENTS 13 TO 17/ PROPOSED RESPONDENTS 13 TO 17(LEGAL REPRESENTATIVES OF 5TH RESPONDENT K.PANCHAVARNAM) IN ALL THE PETITIONS.
Prayer in CMP(MD). 979/ 2017 :
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 12783 days to bring on the record of the https://hcservices.ecourts.gov.in/hcservices/ proposed respondents 9 to 12 herein in A.S.No.483 of 1998 as Legal Representatives of the deceased 2nd respondent namely K.Karuppasamy.
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Prayer in CMP(MD). 980/ 2017 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the abatement in bring on record of the proposed respondents 9 to 12 herein in A.S.No.483 of 1998 as Legal Representatives of the deceased 2nd respondent namely K.Karuppasamy.
Prayer in CMP(MD). 981/ 2017 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to bring on record of the proposed respondents 9 to 12 herein in A.S.No.483 of 1998 as Legal Representatives of the deceased 2nd respondent namely K.Karuppasamy.
Prayer in AS No.483 of 1998:
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to present this memorandum of grounds of regular appeal to this Hon'ble Court against the Judgment and Decree of the learned Principal Subordinate Judge of Srivilliputhur in L.A.O.P.No.77/95 dated 24th day of December 1997.
ORDER: These petitions coming on for orders upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.KUMAR, Additional Government Pleader, for the petitioner in all the petitions and of MR.D.SAKKARAVARTHI, Advocate, on behalf of the Respondents in all the petitions, the court made the following order:-
These petitions are filed to condone the delay of 12783 days in filing the petition to set aside the abatement caused due to the death of the deceased 2nd respondent, to set aside the abatement and to bring on record the proposed respondents 9 to 12 herein as the legal representatives of the deceased 2nd respondent.
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legal representatives of the deceased second respondent in the above appeal.
sd/13/02/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE PRINCIPAL SUBORDINATE JUDGE, SRIVILLIPUTHUR.
ORDER IN CMP(MD)Nos.979 to 981 of 2017 IN AS No.483 of 1998 Date :13/02/2017
AM/PM PN/SAR-3/16.02.2017/3P/2C
2 issues framed by the court
Whether petitions for condonation of delay and to bring legal representatives on record be pressed or dismissed.
Whether permission to file a fresh application should be granted after dismissal.
THE SPECIAL TAHSILDAR (LA) ADI DRAVIDAR WELFARE, VIRUDHUNAGAR
KARUPPIAH NADAR (DIED) 1 K.MARIAPPAN 2 K.KARUPPASAMY (DIED) 3 K.SHANMUGA GANI 4 K.BALASUBRAMANIAN 5 K.PANCHAVARNAM (DIED)
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
