The Madurai Bench allowed three civil miscellaneous petitions to condone procedural delays and substitute the deceased sole respondent in a second appeal with his legal representatives, as the respondents opposed the petitions.
Petitions allowed; death of sole respondent recorded; legal representatives impleaded as respondents 2 to 8.
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.
D.No.47, Muniyappanur,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty First day of November Two Thousand and Twenty Four PRESENT
The HONOURABLE MR. JUSTICE V. SIVAGNANAM CMP(MD).Nos.15343,15346 & 15349 of 2024
in
S.A.No1613 of 2004
... Petitioners/Appellants
(in all the petitions)
Vs
5 Rasu 6 Sathyanarayan 7 Saranya 8 Jamunasri (R2,R3 & R5 are residing at D.No.47, Muniyappanur, Nerur Vadaku, Manmangalam, Karur. (R4,R6 to R8 are residing at D.No.54, Sonampadvangal Kilaku, Nerur Vadaku, Manmangalam, Karur. ..Respondents 2 to 8/Proposed Respondents 2 to 8 LR's of deceased sole Respondent. (in all the petitions)
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D.No.47, Muniyappanur,
Prayer in CMP(MD)No.15343 of 2024:-
Civil Miscellaneous Petition filed under section 5 of Limitation Act To Condone the delay of 1161 days in filling the petition to set aside the abatement caused due to the death of the deceased sole respondent in S.A.No.1613/2004. Prayer in CMP(MD).No.15346 of 2024:-
Civil Miscellaneous Petition filed under order 22 Rule 9(2) of C.P.C. To set aside the abatement caused due to the death of the deceased sole respondent in S.A.No.1613 of 2004.
Prayer in CMP(MD).No.15349 of 2024:-
Civil Miscellaneous Petition filed under order 22 Rule 4 of C.P.C. To bring on record the respondents 2 to 8 herein as legal representatives of the deceased sole respondent and rank them as respondents 2 to 8 in S.A.No.1613 of 2004.
Prayer in S.A No1613 of 2004:-
Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 12.01.2004 made in A.S.No.44 of 2003 on the file the District Court, Karur, confirming the judgment and decree dated 20.04.2001 made in O.S.No.1999 of 1998 on the file of the Principal District Munsif Court, Karur.
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. Pt.S. Narendravasan, Advocate for the Petitioners in all the petitions and of
Mr.P. Thiagarajan, Advocate for the respondents in all the petitions, this Court made the following order:
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D.No.47, Muniyappanur,
"These applications in C.M.P(MD)Nos.15343, 15346 and 15349 of 2024 have been filed to condone the delay of 1161 days in filing the application to set aside the abatement caused due to the death of the sole respondent; to set aside the abatement caused due to the death of the sole respondent in the above Second Appeal and to bring on record the petitioners 2 to 8 as the legal representatives of the deceased sole respondent in the above Second Appeal and implead them as respondents 2 to 8.
2.Heard the learned counsel on either side and perused the materials available on record.
3.The learned counsel appearing for the respondents 2 to 8 would submit that he has no objection in allowing these petitions. Accordingly, these petitions are allowed.
// True Copy //
/12/2024 Sub Assistant Registrar (CS-I/II/III/IV)
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D.No.47, Muniyappanur,
TO
Copy to:
ORDER DATED : 21/11/2024
==========================
ORDER
==========================
CMP(MD).Nos.15343,15346 & 15349 of 2024
in S.A.No1613 of 2004
Giving direction and etc. as stated within.
SL(05.12.2024)/ 4P/ 6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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3 issues framed by the court
Whether to condone delay in seeking relief against abatement due to respondent's death.
Whether to set aside abatement caused by the death of the sole respondent in the second appeal.
Whether to permit substitution of the deceased sole respondent with legal representatives.
2 provisions across 2 enactments
Krishnan
Thangavel
Chandran
Pandian (Died)
Poopathi
Sundaram
V. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
