Allowed

Dhasan (Died) Annamuthammal(Died) v. Hepsi

Madras HC19 Dec 2022CMP(MD)/1351/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed three civil miscellaneous petitions filed to condone a delay of 1302 days in setting aside abatement caused by the death of the sole appellant and to register the petitioner as the legal representative to continue the pending second appeal.

What did the court decide?

Costs saved; the petitions to condone delay and bring the petitioner on record as legal representative were allowed.

Dhasan (Died) Annamuthammal(Died) Vs Hepsi — Civil Procedure and Limitation | Madras HC (2022)

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S.A.(MD)No.656 of 2009

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

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Monday, the Nineteenth day of December Two Thousand and Twenty Two

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PRESENT

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The Hon`ble Mr.Justice S.SOUNTHAR

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CMP(MD).Nos.1351, 1353 & 1355 of 2022 in S.A.(MD)No.656 of 2009

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Dhasan (Died) Annamuthammal(Died)

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D.Dhasan D/o Late Annamuthuammal Door No.188/8, Veerambal Village and Post Mudukulathur Taluk, Ramanathapuram District

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... Petitioner/Proposed Appellant

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(in all the Petitions)

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Vs 1 Hepsi 2 Gnanavolivu ...Respondents 1 & 2/Respondents 1 & 2. 3 Aruldas ... 3^rd Respondent/3^rd Respondent (in all the Petitions)

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Prayer in CMP(MD). No.1351 of 2022:-

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Civil Miscellaneous Petition filed under Section 5 of the Limitation Act Pleased to condone the delay of 1302 days in filing a petition to set aside the abatement caused due to the death of sole appellant in the appeal in SA(MD) No. 656 of 2009, pending disposal of the above appeal and thus render justice.

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Prayer in CMP(MD). No.1353 of 2022:-

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Civil Miscellaneous Petition filed under order 22 Rule 9(2) of CPC., Pleased to set aside the abatement caused due to the death of the deceased sole appellant in the appeal in S.A.(MD)No.656 of 2009, pending disposal of the above appeal and thus render justice.

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Prayer in CMP(MD). No.1355 of 2022:-

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Civil Miscellaneous Petition filed under order 22 Rule (3) of CPC., Pleased to bring on Record the petitioner herein as legal representative of the deceased sole appellant as second appellant in S.A.(MD)No.656 of 2009, pending disposal of the above appeal and https://www.mhc.tn.gov.in/judis thus render justice.

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Prayer in S.A.(MD)No.656 of 2009:-

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Second Appeal filed under Section 100 of CPC against the judgment and decree dated 2511.2008 made in A.S.No.5 of 2006 on the file of the Sub Court, Paramakudi confirming the judgment and decree dated 09.12.2005 made in O.S.No.61 of 1998 on the file of the District Munsif Court, Mudukulathur.

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ORDER:- These Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/s. S. Siva Thilakar, Advocate for the Petitioner in all the petitions and of Mr. M.P. Senthil, Advocate for the 1^st & 2^nd Respondents in all the petitions, this Court made the following order:

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“These Civil Miscellaneous Petitions have been filed to condone delay of 1302 days in filing a petition, to set aside the abatement cause due to the death of the deceased sole appellant and to bring on record the petitioner herein as legal representative of the deceased sole appellant as second appellant in S.A(MD)No.656 of 2009.

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Having satisfied with the reasons assigned in these affidavits filed in the support of these petitions, these Civil Miscellaneous Petitions stand allowed.

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Registry is directed to carry out the necessary amendments in the cause-title.

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Post the second appeal for final disposal on 06.01.2023.”

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Assistant Registrar (CS-I)

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// True Copy //

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/01/2023 Sub Assistant Registrar(CS)

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The Sub Court, Paramakudi.

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The District Munsif Court, Mudukulathur.

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https://www.mhc.tn.gov.in/judis

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S.A.(MD)No.656 of 2009

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Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai + 1 copies

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ORDER DATED : 19/12/2022 ========================== ORDER ========================== CMP(MD).Nos.1351, 1353 & 1355 of 2022 in S.A.(MD)No.656 of 2009

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Giving direction and etc. as stated within. RD(04/01/2023) 3P 4C

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https://www.mhc.tn.gov.in/judis

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Dhasan (Died) Annamuthammal(Died) v. Hepsi

Case brief

What is this about?

What did the court decide?

Dhasan (Died) Annamuthammal(Died) v. Hepsi

Case brief

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What the court decided

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