Francis Pandian vs Xavier Fernando
2022 Latest Caselaw 13851 Mad

                                                                             C.M.P(MD)No.16840 of 1997


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 03.08.2022

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                               C.M.P(MD) No.16840 of 1997
                                                          in
                                               SA(MD) SR No.66175 of 1994

                     1.Francis Pandian
                     2.Cecili Korera                                             Petitioners

                                                          Vs.
                     1.Xavier Fernando
                     2.Arul
                     3.Sadhanandam
                     4.Sagayam                                                  Respondents


                     PRAYER in C.M.P(MD)No.16840 of 1997:The Civil Miscellaneous
                     Petition has been filed under Section 5 of the Limitation Act, to condone
                     the delay of 68 days in filing the appeal.


                     PRAYER in SA(MD).SR.No.66175 of 1994: The Second Appeal filed
                     under Section 100 of Code of Civil Procedure, against the Judgment and
                     Decree passed by the learned Subordinate Judge, Tuticorin in A.S.No.
                     113 of 1990, dated 23.02.1994, partly reversing the judgment and decree
                     in O.S.No.527 of 1983, on the file of the District Munsif Court, Tuticorin
                     dated 14.07.1987.
                                     For Petitioners     : No appearance
                                      For R1             : Mr.S.Kadarkarai

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                                                                                 C.M.P(MD)No.16840 of 1997


                                                    ORDER

This Civil Miscellaneous Petition is filed to condone the

delay of 68 days in filing the second appeal in SA(MD) SR No.66175 of

1994, which is filed as against the judgment and decree passed by the

learned Subordinate Judge, Tuticorin in A.S.No.113 of 1990, dated

23.02.1994.

2.Today(03.08.2022), when this application is taken up for

hearing, it is reported that the learned counsel, who filed this application

is no more and the appellants also died. The counsel, who is now

representing this matter on behalf of the appellants, is also not having

any instructions about the legal heirs of the appellants.

3.Considering the fact that the appeal is of the year 1997 and

the appellants are also no more, this application is dismissed as abated.

Consequently, SA(MD) SR No.66175 of 1994 is rejected, at the S.R

stage itself. No costs.

                                                                                        03.08.2022
                     Internet : Yes / No
                     Index    : Yes / No
                     vrn

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

C.M.P(MD)No.16840 of 1997

To

1.The Subordinate Judge, Tuticorin.

2.The District Munsif Court, Tuticorin.

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

C.M.P(MD)No.16840 of 1997

B.PUGALENDHI, J.

vrn

C.M.P(MD) No.16840 of 1997 in SA(MD) SR No.66175 of 1994

03.08.2022

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