Allowed

Nachammal (Died),R.Pandy v. Mayandi

Madras HC22 Jun 2022CMP(MD)/5098/2022

Case brief

AI extract

What is this about?

The Madurai Bench allowed four civil miscellaneous petitions filed under CPC and the Limitation Act. The court permitted setting aside abatement of the Second Appeal due to the appellant's death, condoned the delay to replace the deceased with legal heirs, and directed the registry to amend records for the upcoming hearing date.

What did the court decide?

Petitions allowed; abatement set aside; delay condoned; petitioners added as appellants; registry directed to amend records.

Nachammal (Died),R.Pandy Vs Mayandi — Civil Procedure and Limitation | Madras HC (2022)

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CMP(MD). No.5098 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Civil Appellate Jurisdiction

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wednesday, the Twenty Second day of June Two Thousand Twenty Two

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PRESENT

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The Hon`ble Mr.Justice N.SESHASAYEE

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CMP(MD). No.5098 of 2022 and CMP(MD).No.5093 of 2022 CMP(MD).No.5094 of 2022 CMP(MD).5096 of 2022

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SA(MD).165/2015

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Nachammal Died) W/o.Pandy, ...Deceased Appellant

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1.R.Pandy 2.K.Jayanthimala 3.P.Bala Rama Chandran 4.P.Tamil Selvi 5.P.Mathivanan

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... Petitioners 1to 5/Proposed Appellants 2-6 (Legal heirs of the Deceased Sole Appellant)

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1.Mayandi 2.Subramani 3.Deivendran 4.Kasi Rajan 5.Manoharan

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6.Angammal

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7.Dhanalakshmi

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8.Murugeswari 9.Pushpa Valli ... Respondents/Respondents

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Prayer in CMP(MD). No.5098 of 2022 :-

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Civil Miscellaneous petition filed under Order 41 R 19 of CPC to set aside the order passed by this Honourable Court in S.A. (MD). No. 165 of 2015 dated 27.01.2021 and restore the Second https://hcservices.ecourts.gov.in/hcservices/ Appeal.

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1/3

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CMP(MD). No.5098 of 2022

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Prayer in CMP(MD). No.5093 of 2022 :-

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Civil Miscellaneous petition filed under Section 5 of Limitation Act to condone the delay in filing 224 days setting aside the abatement petition as against death of sole appellant namely Nachammal in Second Appeal in SA(MD).165 of 2015.

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Prayer in CMP(MD). No.5094 of 2022 :-

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Civil Miscellaneous petition filed under Order 22, Rule 9 (2) of CPC to set aside the abatement petition as against death of sole appellant namely Nachammal in Second Appeal in SA(MD).No.165 of 2015.

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Prayer in CMP(MD). No.5096 of 2022 :-

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Civil Miscellaneous petition filed under Order 22, Rule 3 of CPC to bring on record the petitioners 1 to 5 as legal representative of deceased sole appellant namely Nachammal in Second Appeal in SA(MD).165 of 2015 and rank them as appellants 2 to 6 in Second Appeal in SA(MD).165 of 2015

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ORDER:- These Civil miscellaneous Petitions are coming on for orders on this day and upon perusing the petitions filed in support thereof and upon hearing the arguments of M/s.V.P.Rajan, Advocate for the Petitioners and Mr.C.M.Arumugam, Advocate for the Respondents, this Court made the following order:

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“ Heard both side.

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These Petitions are allowed. The Registry is directed to make necessary amendment immediately since the appeal is posted on 27.6.2022”

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24/06/2022 Sub Assistant Registrar(CS)

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https://hcservices.ecourts.gov.in/hcservices/

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2/3

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CMP(MD). No.5098 of 2022

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Copy to:

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The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (For listing the matter on 27.6.2022)

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ORDER DATED : 22.6.2022 ========================== ORDER ========================== CMP(MD). No.5098 of 2022 and

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CMP(MD).No.5093 of 2022 CMP(MD).No.5094 of 2022 CMP(MD).5096 of 2022 in SA(MD).165/2015

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Giving direction and etc. as stated within.

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NEXT HEARING DATE : 27.6.2022

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MGJ(24.06.2022) 3P 4C

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https://hcservices.ecourts.gov.in/hcservices/

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Nachammal (Died),R.Pandy v. Mayandi

Case brief

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Nachammal (Died),R.Pandy v. Mayandi

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