The petitioners sought permission to withdraw civil miscellaneous petitions filed for bringing legal heirs on record, setting aside abatement, and condoning delay. The court, noting counsel's endorsement, dismissed the petitions as withdrawn and consequently rejected the associated appeal.
Petitions dismissed as withdrawn; appeal rejected.
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.
C.M.P.Nos.16375 and 16376 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.P.Nos.16375 and 16376 of 2023 in C.M.P.No.9633 of 2016 in A.S.Sr.76352 of 2016
1.S.Kanagasabapathy 2.K.Sivakumar ... Petitioners in all petitions
Vs.
1.N.Srinivasan
2.N.Jagadeesan
... Respondents in all petitions
4.S.Jayalakshmi
5.S.Bhavani
... Proposed Respondents 3 to 5 in C.M.P.Nos.16375 and 16376 of 2023
Prayer in C.M.P.No.16375 of 2023 : Civil Miscellaneous Petition filed
under Order XXII Rule 4 of the Code of Civil Procedure, praying to bring on record the proposed respondents 3 to 5 as the legal representatives of deceased 1st respondent N.Srinivasan in C.M.P.No.9633 of 2016 in
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C.M.P.Nos.16375 and 16376 of 2023
A.S.Sr.No.76352 of 2016.
Prayer in C.M.P.No.16376 of 2023 : Civil Miscellaneous Petition filed under Order XXII Rule 9 of the Code of Civil Procedure, praying to set aside the abatement to bring the surviving legal heirs on record of deceased 1st respondent/ defendant N.Srinivasan son of Natesa Naicker in C.M.P.No.9633 of 2016 in A.S.Sr.No.76352 of 2016.
Prayer in C.M.P.No.9633 of 2016 : Civil Miscellaneous Petition filed under Order 41 Rule 3-A of the Code of Civil Procedure read with Section 5 of the Limitation Act, praying to condone the delay of 25 days in filing the above appeal against the decree and judgment in O.S.No.99 of 2014 dated 21.07.2015 passed by the learned District Judge No.II, Kancheepuram.
For Petitioners : Mr.M.Saravanakuarm in all the petitions
C O M M O N O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.)
The learned counsel for the petitioners seeks permission to withdraw
these petitions and he has also made an endorsement to that effect .
2. In view of the submission and endorsement made by the
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C.M.P.Nos.16375 and 16376 of 2023
learned counsel for the petitioners, these petitions are dismissed as withdrawn. Consequently, A.S.Sr.No.76352 of 2016 will stand rejected. No
costs.
(R.S.M., J.) (R.S.V., J.) 25.04.2024
dsa Index : No Internet : Yes Neutral Citation : No Non-Speaking order
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C.M.P.Nos.16375 and 16376 of 2023
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
dsa
C.M.P.Nos.16375 and 16376 of 2023 in C.M.P.No.9633 of 2016 in A.S.Sr.76352 of 2016
25.04.2024
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1 issue framed by the court
Whether the petitions for bringing legal representatives on record, setting aside abatement, and condoning delay should be allowed or withdrawn?
4 provisions across 2 enactments
S.Kanagasabapathy
K.Sivakumar
N.Srinivasan
N.Jagadeesan
R.SUBRAMANIAN
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
