Partly allowed

I.DHEIVANAI(Died),2).A.Thilagavathi(Died),3).S.Malarchelvi, v. I.Parisekaran

Madras HC30 Aug 2024CMP(MD)/11138/2022

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed petitions to condone delay in setting aside abatement and to implead legal heirs of a deceased respondent in an appeal suit. The court directed registry amendments and notice issuance.

What did the court decide?

Delay condoned; abatement set aside; legal heirs impleaded; registry directed to amend appeal and issue notice; amended memorandum of grounds of appeal to be filed within 10 days.

I.DHEIVANAI(Died),2).A.Thilagavathi(Died),3).S… — Civil Procedure and Limitation | Madras HC (2024)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Thirtieth day of August Two Thousand and Twenty Four

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PRESENT

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The HONOURABLE MR. JUSTICE P.VELMURUGAN AND

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The HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

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CMP(MD). Nos.11138 to 11140 of 2022 in AS(MD) No.59 of 2015

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I.Dheivanai(Died)

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A. Thilagavathi (Died) ... Appellants 1 & 2

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S.Malarchelvi

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A.Muthuvel

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A.Devi Komathy ... 3-5 Petitioners/ Appellants 3- 5 (in all CMPs)

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1 I.Parisekaran ... 1^st Respondent/1^st Respondent 2 I. Ilavarasu (Died) ... 2^nd Respondents 3 I. Chandrasekaran ... 3^rd Respondents/3^rd Respondents 4 Muthulakshmi

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5 I.Prabhu

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6 I.Renuka Devi

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... Proposed Respondents No.4 to 6/ Respondents No.4 (LR's of 2^nd Respondent ) (in all CMPs)

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

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Prayer in CMP(MD). No.11138 of 2022:-

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Civil Miscellaneous Petition filed under section 5 of Limitation Act to Condone the delay of 9 days in filing the petition to set aside the abatement caused due to the death of 2nd Respondent in the A.S.No.59 of 2015 on the file of this Hon'ble Court and thus render justice.

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Prayer in CMP(MD). No.11139 of 2022:-

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Civil Miscellaneous Petition filed under Order 22,Rule 9 of CPC to set aside the abatement caused due to the death of 2nd Respondent in the A.S.No.59 of 2015 on the file of this Hon'ble Court and thus render justice.

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Prayer in CMP(MD). No.11140 of 2022:-

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Civil Miscellaneous Petition filed under Order 22,Rule 4 of CPC to bring on record the Respondents 4 to 6 as Legal heirs of Deceased Respondent No.2 rank them as Respondent No.4 to 6 in A.S.No.59 of 2015 on the file of this Hon'ble Court and thus render justice.

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Prayer in AS(MD)59 OF 2015:-

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Appeal Suit filed under section 96 of Civil Procedure Code , against the Judgment and decree dated 10.10.2014 made in OS No.28/2012 on the file of the Principal District Court, Tuticorin.

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COMMON ORDER:- These Petitions 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.S.Rajasekar, Advocate for the Petitioners and of Mr.T.Antony Arul

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

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Raj, Advocate for the 1^st Respondent and of Mr.S.Senthil Sankaran Nathakumar, Advocate for the 3^rd Respondent (in all CMP's), this Court made the following order:

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(Order of the Court was made by P.VELMURUGAN,J)

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These petitions have been filed to condone the delay in filing the petition to set aside the abatement; to set aside the abatement caused due to the death of the 2^nd respondent and to bring on record the respondents 4 to 6 as legal heirs of the deceased 2^nd respondent.

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The learned counsel for the respondents has no serious objection to allow these petitions.

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Being satisfied with the reasons stated in the affidavit filed in support of these petitions, the delay is condoned and these petitions are ordered accordingly.

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Registry is directed to carry out the necessary amendments in the appeal.

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The learned counsel for the petitioners/appellants is directed to file the amended copy of the Memorandum of grounds of appeal within a period of 10 days from today.

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

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The Registry is directed to issue notice to the proposed respondents/R4 to

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R6 returnable by four weeks. Batta in 3 days, failing which, the appeal shall stand dismissed automatically as agaisnt the newly impleaded respondents 4 to 6, without

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any further reference to the Court. Once batta is paid, the Registry is directed to process on the same day.

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Affidavit of proof of service ought to be filed on or before 30.09.2024.

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List on 03.10.2024.

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Sd/-

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Assistant Registrar(CS II) // True Copy //

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/ /2025 Sub Assistant Registrar (CS- I/ II / III / IV)

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3 CD to Mr.T.Antony Arul Raj, Advocate CA SR.No.5397/2025

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

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ORDER DATED : 30/08/2024 ========================== ORDER

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========================== CMP(MD).Nos.11138 to 11140 of 2022 in AS(MD)No.59 of 2015 Giving direction and etc. as stated within.

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MGJ(08.05.2025) 5P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023

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

I.DHEIVANAI(Died),2).A.Thilagavathi(Died),3).S.Malarchelvi, v. I.Parisekaran

Case brief

What is this about?

What did the court decide?

I.DHEIVANAI(Died),2).A.Thilagavathi(Died),3).S.Malarchelvi, v. I.Parisekaran

Case brief

What is this about?

What did the court decide?

What the court decided

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