Allowed

Neelamegam (Died) v. Poovalingam

Madras HC31 Jan 2022CMP(MD)/3241/2020

Case brief

AI extract

What is this about?

This judgment allowed three Civil Miscellaneous Petitions seeking condonation of delay to file a subrogation application, setting aside abatement due to the appellant's death, and permitting legal heirs to be brought on record in a Second Appeal before the Madurai Bench of Madras High Court.

What did the court decide?

CMPs allowed; abatement set aside; order to subrogate legal heirs brought on record.

Neelamegam (Died) Vs Poovalingam — Execution and Attachment | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

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Monday, the Thirty First day of January Two Thousand and Twenty Two

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PRESENT

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The Hon`ble Mr.Justice R.VIJAYAKUMAR

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CMP(MD). Nos.3241 to 3243 of 2020 in S.A.(MD)No. 335 of 2004

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Neelamegam (Died) 1. T.Chellammal 2. R. Muthupandi 3. N. Karuppasamy 4. N. Jeyapandi Petitioners / Proposed Appellants 2 to 5

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Poovalingam Respondent / Respondent

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Prayer in CMP(MD). No.3241 of 2020 in S.A.(MD). No.335 of 2004:-

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Petition filed under Section 5 of the Limitation Act, to condone the delay of 226 days in filing the CMP to bring on the record the legal heirs of the deceased appellant in the Second Appeal (MD)No. 335 of 2004.

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Prayer in CMP(MD). No.3242 of 2020 in S.A.(MD). No.335 of 2004:-

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Petition filed under Order 22 R 9(2) of C.P.C., to set aside the abatement caused in the Second Appeal (MD)No. 335 of 2004 due to the death of the Appellant.

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Prayer in CMP(MD). No.3243 of 2020 in S.A.(MD). No.335 of 2004:-

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Petition filed under Order XXII Rule 9 of C.P.C., to permit the petitioner herein to bring on record as appellants 2 to 5 as legal representatives of the deceased appellant in the Second Appeal (MD)No. 335 of 2004.

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Prayer in S.A.(MD). No.335 of 2004:- :- This Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 29/07/2004 made in A.S. No.1 of 2003 on the file of the learned Subordinate Judge, Sivaganga reversing the judgment and decree dated 15/11/2002 made in O.S. No.71 of 2001 on the file of the learned Principal District Munsif, Manamadurai.

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ORDER:- These Petitions are 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 Mr. A. Sivaji, Advocate for the Petitioners; this Court made the following order: https://www.mhc.tn.gov.in/judis

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These applications have been filed to condone the delay of 226 days in filing the CMP to bring on the record the legal heirs of the deceased appellant in the above Second Appeal, set aside the abatement caused in the Second Appeal due to the death of the appellant and to permit the petitioners herein to bring on record as appellants 2 to 5 as legal representatives of the deceased appellant in the above Second Appeal.

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Being satisfied with the reasons stated in these affidavits filed in the support of these petitions, these Civil Miscellaneous Petitions are 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 on 08.02.2022.

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Assistant Registrar(CS-III)

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// True Copy //

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/09/2022 Sub Assistant Registrar(CS)

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Copy to:

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The Section Officer, Judicial Section,

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Madurai Bench of Madras High Court, Madurai

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+3 CC to Mr. A. Sivaji, Advocate in Sr, Nos.7970,8902 & 8903.

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ORDER DATED : 31/01/2022 ==========================

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ORDER

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========================== CMP(MD). Nos.3241 to 3243 of 2020

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S.A.(MD)No. 335 of 2004

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Giving direction and etc. as stated within.

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KB(14.09.2022) 2P 5C

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

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Neelamegam (Died) v. Poovalingam

Case brief

What is this about?

What did the court decide?

Neelamegam (Died) v. Poovalingam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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