Allowed

T.R.Thangamughu (Died) 1.T.POOVATHAL v. C.Malathi

Madras HC13 Dec 2024CMP/21761/2023

Case brief

AI extract

What is this about?

Three civil miscellaneous petitions were filed before the Madras High Court to condone delay, bring legal representatives of a deceased appellant on record, and restore an abated second appeal. The court allowed these petitions after finding no serious objection from respondents.

What did the court decide?

Miscellaneous petitions allowed; registry directed to amend records and post appeal for final hearing.

T.R.Thangamughu (Died) 1.T.POOVATHAL Vs C.Malathi — Execution and Attachment | Madras HC (2024)

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CMP. 21761 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-12-2024

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CORAM

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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CMP. 21761 of 2023,

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CMP. 21766 OF 2023 and CMP. 21771 OF 2023

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SA. 701 OF 2006

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T.R.THANGAMUGHU (DIED) 1.T.POOVATHAL W/O T.R.THANGAMUTHU, RES AT 30/43, AKKARAIYANKATTU THOTTAM, N.THAIRPALAYAM, GANGAPURAM POST, CHITHODE, THAIRPALAYAM, ERODE TK, ERODE AND ANOTHER

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Petitioners in all C.M.Ps

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C.MALATHI

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W/O S.CHINNASAMY, 60, MARAPPA VEETHI, NO.2, SOORAMPATHY, ERODE 9 AND 4 OTHERS

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Respondents in all C.M.Ps

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Prayer in C.M.P.No.21761 of 2023:- Civil Miscellaneous Petition filed under Order IV Rule 9 (4) of AS Rules r/w 148 of C.P.C to condone the delay of 157 days in representation the above petition to restore the above second appeal.

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Prayer in C.M.P.No.21771 of 2023:- Civil Miscellaneous Petition filed under Order 22 Rule 3 of CPC to bring the petitioners T.Poovathal, W/o. T.R.Thangamuthu, 2. T.Selembaran, S/o. T.R.Thangamuthu, as legal representatives of the deceased sole appellant T.R.Thangamuthu and ranked as appellants 2 and 3 in the above second appeal.

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Prayer in C.M.P.No.21766 of 2023:- Civil Miscellaneous Petition filed under Order 41 of Rule 19 of C.P.C to set aside the order dated 08.03.2013 and restore the S.A.No.701/2006 which was dismissed as abated.

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

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For Appellant(s)(s): R.EZHILARASAN APPELLANT - DIED VIDE B/O DATE 20/01/2023 R.AMMU M/S.DHANASEKARAN

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For Respondent(s):

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M/S.KAITHAMALAI KUMARAN FOR RR1 & 2 R3- DIED ( STEPS TAKEN) M/S V.REGUNATHAN FOR RESPTS. 4 & 5

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COMMON ORDER

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Civil Miscellaneous Petition No.21761 of 2023 has been filed seeking to condone the delay of 157 days in representation the above petition to restore the above second appeal.

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1.1. Civil Miscellaneous Petition No.21771 of 2023 has been filed seeking to bring the

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petitioners T.Poovathal, W/o. T.R.Thangamuthu, 2. T.Selembaran, S/o. T.R.Thangamuthu, as legal representatives of the deceased sole appellant T.R.Thangamuthu and ranked as appellants 2 and 3 in the above second appeal.

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https://www.mhc.tn.gov.in/judis 1.2. Civil Miscellaneous Petition No.21766 of 2023 has been filed seeking to set aside

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the order dated 08.03.2013 and restore the S.A.No.701 of 2006 which was dismissed as

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abated.

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There are no serious objections on behalf of the respondents.

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Having considered the submissions made by the learned counsel for the petitioners

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and having considered the petitioners' affidavits in support of these petitions, it is

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appropriate to allow these miscellaneous petitions.

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In the result, these miscellaneous petitions are allowed.

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13-12-2024

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Note: Registry is directed to carry out necessary amendments in the Second Appeal pursuant to the aforesaid order and post the above Second Appeal after one week for final hearing.

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

T.R.Thangamughu (Died) 1.T.POOVATHAL v. C.Malathi

Case brief

What is this about?

What did the court decide?

T.R.Thangamughu (Died) 1.T.POOVATHAL v. C.Malathi

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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