The Madurai Bench dismissed three Civil Miscellaneous Petitions for default on 22.08.2023. The applications sought to set aside abatement due to the death of a respondent and bring legal heirs on record. No representation appeared from the petitioner.
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.
CRP(MD) No.2848 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Twenty Second day of August Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice C. KUMARAPPAN CMP(MD) Nos.8949 and 8951 of 2023 IN CRP(MD) No.2848 of 2018 MUTHUPANDI ... Petitioner / 2nd Respondent Vs 1 AZHAGAR (DIED) ... Deceased / Petitioner 2 PANDIYAMMAL ... 2nd Respondent / 1st Respondent 3 A. RAJAPANDI 4 A. MALAICHAMY 5 A. ARUMUGAM 6 A. KALEESWARAN 7 A. BALASUBRAMANIAN 8 A. JEYA 9 A. SURESH 10 SOUNDARYA ... Respondents 3 to 10 / Proposed Respondents
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CRP(MD) No.2848 of 2018
Prayer in CMP(MD). 8949/ 2023 :
To set aside the abatement caused due to the death of petitioner Azhagar in the above Civil Revision Petition.
Prayer in CMP(MD). 8951/ 2023 :
To bring the legal heirs of the deceased Azhagar, the proposed respondents, as respondents 2 to 9 in the above Civil Revision Petition.
Prayer in CRP(MD). 2848/ 2018 :
To set aside the fair and decreetal order dated 28.11.2018 made in I.A.No.497 of 2018 in O.S.No.130 of 2013 on the file of Principal District Munsif Court, Manamadurai and allow the civil Revision Petition.
ORDER : These civil miscellaneous petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and not appeared for petitioner in person or through by an Advocate and of M/s.VIJAYAKUMARI NATARAJAN, Advocate on behalf of the Respondent No.1, the court made the following order:-
These applications are filed to set aside the abatement caused due to the death
of the petitioner Azhagar and to bring on record the legal heirs of the deceased
Azhagar as respondents 2 to 9 in the civil revision petition.
22.08.2023 under the caption 'for dismissal'.
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CRP(MD) No.2848 of 2018
caption for dismissal, no one is appeared on behalf of petitioner. Hence, these civil miscellaneous applications are dismissed for default.
sd/22/08/2023
/ TRUE COPY /
/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AM
To
The Principal District Munsif, Manamadurai.
ORDER
IN CMP(MD) Nos.8949 and 8951 of 2023 IN CRP(MD) No.2848 of 2018 Date :22/08/2023
ED/ /SAR- (28/08/2023) 3P / 2C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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Muthupandi
Azhagar
Pandiymmal
A. Rajapandi
A. Malaichamy
A. Arumugam
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
